IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36480 of 2008(P) -------------------------- PETITIONER(S): --------------- ST.VINCENT ENGLISH MEDIUM SCHOOL, PALAI, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER, FR.MATHEW CHEERAMKUZHY, S/O.LATE C.V.VARKEY, AGED 63 YEARS. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENT(S): --------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICE, KOTTAYAM. 2. THE SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, REPRESENTED BY ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA. ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 36480 of 2008 --------------------------------- Dated this the 11th day of December, 2008. JUDGMENT By Ext.P1, the Assistant Provident Fund Commissioner passed an order levying damages and by Ext.P2, the first respondent passed an order demanding the petitioner to pay interest for the period of default. 2. Ext.P1 order is appealable before the Tribunal and in so far as the levy of interest under Ext.P2 is concerned, it runs by operation of law under section 7Q of the Employees Provident Fund and Miscellaneous Provisions Act. There are no grounds to interfere Ext.P2. The petitioner sought for review of Exts.P1 and P2 by applications under section 7B of the Act. This has been rejected as per Ext.P9. Ext.P9 is not maintainable as is evident from section 7B of the Act. The right of review is available only in relation to the order passed under section 7A of the Act. Ext.P9 is not liable to be interfered with. The remedy of the petitioner vis-a-vis to Ext.P1 lies under section 7Q of the Act. 3. I heard learned counsel for the petitioner and the WPC. 36480/2008 2 learned Standing Counsel for the Provident Fund Commissioner. 4. If the petitioner prefers an appeal against Ext.P1 within six weeks from today, the appellate Tribunal shall treat the same as within time. Further enforcement of Ext.P1 and P2 shall be kept in abeyance for a period of two months from today and thereafter it shall abide by any interim orders the appellate Tribunal may pass. V. GIRI, JUDGE. Pmn/ WPC. 36480/2008 3