THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 11008 OF 2011 Dated: 20.04.2011 Between: M/s. Twinkle Star High School ..... PETITIONER AND The Assistant Provident Fund Commissioner .....RESPONDENT The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 11008 OF 2011 ORDER : This writ petition is filed seeking a declaration that the order dated 04.02.2011 passed by the respondent under Section 7-A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’) is arbitrary and illegal. I have heard the learned counsel for both the parties. Admittedly a remedy of appeal is available against the said order under Section 7-I of the Act and it is also open to the petitioner to approach the respondent under sub-section (4) of Section 7-B of the Act for setting aside the exparte order. Without exhausting such alternative remedies available under the Act, the petitioner cannot invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Hence, granting leave and liberty to the petitioner to avail the alternative remedies available under the Act, the Writ Petition is disposed. Having regard to the plea of the petitioner that the respondent is likely to take immediate steps for recovery of the amounts as determined under the impugned order, there shall be a direction to maintain the status quo obtaining as on today for a period of two weeks from today. Writ petition is accordingly disposed of. No costs. ___________ G. ROHINI, J Date: 20.04.2011 Note: Issue CC in three days (B/o) Ivd