IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WA.No. 1488 of 2009 --------------------- AGAINST THE JUDGEMENTIN WPC.16078/2009 Dated 10/06/2009 .................... APPELLANT/PETITIONER: --------------------------- PROF.STANLO JOHNES, S/O. JOHNSON, HONOURARY MANAGER, SAMUEL L.M.S. HIGHER SECONDARY SCHOOL, CHERUVARAKKANAM, PARASSALA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT/RESPONDENT: ------------------------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004. BY ADV. SMT. T.N. GIRIJA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K.Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1488 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 10th day of July, 2009 JUDGMENT S.R. Bannurmath, C.J. The petitioner, claiming to be the Honorary Manager of an unaided Higher Secondary School, has challenged the order passed by the respondent covering the school under the EPF and MP Act, 1952. The respondent has passed the order, Ext.P3, as long back as in the year 2005 and even as per the statement of the counsel for the appellant in the year 2007, and thereafter the review petition filed under Section 7B of the Act was also rejected. Having spent some considerable period once again now the petitioner has approached this Court without even having recourse to the statutory appeal before the appellate authority as provided under the provisions of the Act. As such, in our view, the learned Single Judge was justified in declining to exercise the jurisdiction of this Court under Article 226 of the Constitution of India. Agreeing with the learned Single Judge, we dismiss the WA No.1488/09 -:2:- writ appeal. However, if fresh proceedings are initiated as per Ext.P6 as submitted by the counsel for the appellant/petitioner, it is open for him to put forth all his objections irrespective of Exts.P3 and P5. S.R. Bannurmath, Chief Justice. A.K.Basheer, Judge ttb