IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35653 of 2008(T) -------------------------- PETITIONER(S): --------------- THE THODUPUZHA TALUK EDUCATION SOCIETY LTD. NO.1-159,THODUPUZHA 685 584,IDUKKI DISTRICT REPRESENTED BY ITS PRESIDENT P.J.GEORGE. BY ADV. SRI.K.G.ANIL BABU SRI.CYRIAC KURIAN RESPONDENT(S): --------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE KOTTAYAM EMPLOYEES PROVIDENT FUND ORGANIZATION, KOTTAYAM 636 001. BY SC SRI.JOY THATTIL ITTOOP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35653/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioner, a Co-operative Society, was assessed to contribution under Section 7A of EPF & MP Act as per Ext.P1 order. Petitioner filed an application for review of the said order under Section 7B (1) of the Act as per Ext.P2, which has been rejected under Ext.P4. 2. Petitioner is aggrieved by Exts.P1 and P4. In my view, petitioner has an efficacious remedy against Ext.P1. It is open to the petitioner to take up grounds challenging the correctness of Ext.P4 order also, though there may not be a right of appeal against Ext.P4 alone. 3. Learned counsel for the respondent submits that the petitioner is entitled to prefer an appeal against Ext.P1. Learned counsel for the petitioner submits that time for preferring an appeal against Ext.P1 has expired. This is because he had filed Ext.P2 application for review. W.P.(C).35653/2008 2 4. Having heard learned counsel on both sides, writ petition is disposed of permitting the petitioner to prefer an appeal against Ext.P1. If an appeal is filed within 30 days from today, same shall be treated as having been filed within time and the Appellate Tribunal shall proceed to consider the same in accordance with law. To enable the petitioner to approach the Tribunal and seek appropriate interim orders, respondent is directed to keep in abeyance the enforcement of Exts.P1 and P4 for a period of one month from today. V.GIRI, Judge mrcs