IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 11770 of 2004(A) -------------------------- PETITIONER(S): --------------- M/S.CHARANGATTU CONSTRUCTIONS, CHERTHALAI, ALAPPUZHA, REPRESENTED BY MANAGING PARTNER, C.K.SASANKAN. BY ADV. SRI.M.V.MATHEW RESPONDENT(S): --------------- 1. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 2. ASSISTANT REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI. 3. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF LABOUR, NEW DELHI. BY ADV. SRI.S.GOPAKUMARAN NAIR, SC, P.F. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.11770 of 2004 EXT.P1 TRUE COPY OF THE ORDER DATED 21.2.2003 PASSED BY THE SECOND RESPONDENT NO.KR/KC/ 13397/PD/B/T/(1)/2003. EXT.P2 TRUE COPY OF THE APPEAL FILED BEFORE THE FIRST RESPONDENT DATED 26.6.2003. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 11770 of 2004 ------------------------------- Dated this the 7th day of April, 2011 J U D G M E N T The prayer in this writ petition which filed way back on 1.4.2004 is to quash Ext.P1 order passed by the Assistant Provident Fund Commissioner, Cochin levying damages under section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The petitioner has also prayed for an order directing the first respondent, Employees Provident Fund Appellate Tribunal, New Delhi to dispose of Ext.P2 appeal filed by the petitioner from Ext.P1 order. The learned standing counsel appearing for the second respondent has filed a statement dated 29.3.2011 and produced along with it an order dated 9.12.2010 passed by the Employees Provident Fund Appellate Tribunal, New Delhi dismissing Ext.P2 appeal and upholding Ext.P1. In such circumstances, I am of the opinion that the remedy of the petitioner, if he is aggrieved by Ext.P1 which has been upheld by the appellate tribunal is to challenge the appellate order in other appropriate proceedings. Without prejudice to that right, this writ petition is dismissed. P.N. RAVINDRAN, JUDGE. nj.