IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25241 of 2009(A) -------------------------- PETITIONER(S): --------------- KERALA ELECTRICAL & ALLIED ENGINEERING COMPANY LIMITED, MAMALA P.O., 682305, REPRESENTED BY ITS MANAGER(PERSONNEL & ADMINISTRATION)- K.BENNY AUGUSTINE. BY ADV. SRI.S.VINOD BHAT RESPONDENT(S): --------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER (KOCHI), EMPLOYEE'S PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, 36/685/A, BHAVISHYANIDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI-17. 2. STATE OF KERALA, REPRESENTED THROUGH ITS SECRETARY, INDUSTRIES(D)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R1 GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.25241 of 2009 ================== Dated this the 14th day of September, 2009 J U D G M E N T By Ext.P2 order, the 1st respondent assessed contributions payable by the petitioner in respect of certain interim payment towards increase in salary to its employees pending finalisation of the long term settlement regarding the same. The petitioner challenged that order before this Court in W.P.(C).No.5768/2009. In that writ petition, by Ext.P3 judgment, this Court permitted the petitioner to file a review petition under Section 7B of the Act. The petitioner filed one, which was disposed of by Ext.P5 order. The petitioner is challenging Ext.P5 order in this writ petition. 2. According to the petitioner, the payment in question does not amount to 'basic wages' as defined under the Employees' Provident Funds and Miscellaneous Provisions Act so as to attract liability to pay contributions in respect of the said payment. 3. I have heard the learned Standing Counsel appearing for the respondents also. 4. I am not inclined to consider the matter on merits in so far as against Ext.P5 order the petitioner has a right of appeal before the Provident Funds Appellate Tribunal. Therefore, without prejudice to such right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2