IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28976 of 2011(V) -------------------------- PETITIONER(S): --------------- M/S.KINSHIP SERVICES INDIA PVT.LTD KINSHIP HOUSE,PLOT NO.1 & 6 CAT IV, MARAR ROAD, W.ISLAND, COCHIN 682 003. REP.BY ITS MANAGING DIRECTOR. BY ADV. SRI.PAULSON C.VARGHESE SRI.BABY JOSEPH(KOCHI) RESPONDENT(S): --------------- EMPLOYEES' PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, 36/685A, P.B NO.1895,KOCHI 682 017, RE.BY ITS ASSISTANT COMMISSIONER. ADV. DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R1 SRI.A.RAJASIMHAN,SC,EPF ORGANISATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 28976/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1(a). TRUE COPY OF THE RESIGNATION LETTER DATED 12/10/2010 SUBMITTED BY MR.ANNIE ALOYSIUS. EXHIBIT P1(b). TRUE COPY OF THE RESIGNATION LETTER DATED 30/11/2010 SUBMITTED BY MR.SANTHOSH KUMAR. EXHIBIT P1(c). TRUE COPY OF THE RESIGNATION LETTER DATED 01/12/2010 SUBMITTED BY MR.SUBASH K PAI. EXHIBIT P1(d). TRUE COPY OF THE RESIGNATION LETTER DATED 13.10.2010 SUBMITTED BY MR.SHEENA SREEKUMAR. EXHIBIT P1(e). TRUE COPY OF THE RESIGNATION N LETTER DATED 29/10/2010 SUBMITTED BY MS.TERESA K.A. EXHIBIT P1(f). TRUE COPY OF THE RESIGNATION LETTER DATED 12/10.2010 SUBMITTED BY MR.NANDAKUMAR K.C. EXHIBIT P1(g) TRUE COPY OF THE RESIGNATION LETTER DATED 13/10.2010 SUBMITTED BY MS.JAYA SREEKUMAR. EXHIBIT P1(h). TRUE COPY OF THE RESIGNATION LETTER DATED 01/11/2010 SUBMITTED BY MR.ANISH H DAND. EXHIBIT P1(i). TRUE COPY OF THE RESIGNATION LETTER DATED 30/11/2010 SUBMITTED BY MR.JOY FERNANDEZ. EXHIBIT P1(j). TRUE COPY OF THE RESIGNATION LETTER DATED 01/12/2010 SUBMITTED BY MR.SREEKANTH B PAI. EXHIBIT P1(k). TRUE COPY OF THE RESIGNATION LETTER DATED 29/10/2010 SUBMITTED BY MS.JACQUILINE LIVERA. EXHIBIT P1(l). TRUE COPY OF THE RESIGNATION LETTER DATED 11/10/2010 SUBMITTED BY MR.M.K.SALAHUDEEN. EXHIBIT P1(m).TRUE COPY OF THE RESIGNATION LETTER DATED 30/09/2010 SUBMITTED BY MR.BENNY G. EXHIBIT P1(n). TRUE COPY OF THE RESIGNATION LETTER DATED 29/09/2010 SUBMITTED BY MR.MAHESH CHANDRA MALLIA D. EXHIBIT P1(o). TRUE COPY OF THE RESIGNATION LETTER 04/12/2010 SUBMITTED BY MR.MANOJ M. EXHIBIT P1(p). TRUE COPY OF THE RESIGNATION LETTER DATED 13/10/2010 SUBMITTED BY MR.S.NARAYANAN. EXHIBIT P1(q). TRUE COPY OF THE RESIGNATION LETTER DATED 6/12/2010 SUBMITTED BY MR.SHIBU A.K. W.P.(C) No. 28976/2011 EXHIBIT P1(r). TRUE COPY OF THE RESIGNATION LETTER DATED 11/10/2010 SUBMITTED BY MR.K.N.PREM KUMAR EXHIBIT P2. TRUE COPY OF THE SUMMONS DATED 23/5/2011 ISSUED BY THE RESPONDENT. EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 16/6/2011 SUBMITTED BY THE PETITIONER. EXHIBIT P4. TRUE COPY OF THE ORDER DATED 12/10/2011 PASSED BY THE RESPONDENT. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28976 OF 2011 -------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T Ext.P4 order passed by the respondent under section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act' for short) determining the amount payable by the petitioner by way of contribution to the Employees Provident Fund for the period from June, 2010 to April, 2011 is under challenge in this writ petition. 2. Ext.P4 order was passed on 12.10.2011 and it was communicated to the petitioner on 13.10.2011. Under section 7B of the Act, the petitioner can file an application for review within 45 days, if the petitioner is desirous of moving an application for review. The petitioner can also file an appeal under section 7I of the Act within 60 days from the date of receipt of the order. I am therefore of the opinion that as the petitioner had adequate alternate remedies available to it, it should resort to such remedies instead of straight away invoking the jurisdiction of this Court. WPC No.28976/2011 2 I accordingly decline jurisdiction and dismiss the writ petition reserving liberty with the petitioner to challenge Ext.P4 in other appropriate proceedings. In order to enable the petitioner to move the Appellate Tribunal in appeal and seek appropriate orders regarding waiver of pre-deposit/stay of execution of Ext.P4, the respondent shall keep all coercive steps to enforce payment of the amount levied as per Ext.P4 in abeyance till the period of limitation prescribed for filing the appeal expires. P.N.RAVINDRAN, (JUDGE) vps WPC No.28976/2011 3