IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 546 (MS) of 2003 Agron Remedies Pvt. Ltd. …Petitioner Versus Assistant Provide Fund Commissioner …Respondent Mr. S.S. Chauhan, Advocate present for the petitioner. Mr. D.S. Patni, Advocate present for the respondent. Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. S.S. Chauhan, Advocate for the petitioner and Mr. D.S. Patni, Advocate for the respondent. 2. The petitioner is aggrieved by order dated 23.5.2003 passed by Assistant Provident Fund Commissioner, Haldwani. Admittedly, the impugned order has been passed under Sections 7Q and 14B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act). 3. Learned counsel for the respondent has raised an objection that the petitioner has a statutory remedy by filing an appeal before the Tribunal under Section 7I of the Act, which reads as follows:- 7 – I. Appeals to the Tribunal. – (1) Any person aggrieved by a notification issued by the Central Government, or an order passed by the Central Government, or any authority, under the proviso to sub-section 3, or sub- section4, of section I, or section3, or sub- section 1 of section 7A, or section 7B except an order rejecting an application for review referred to in sub-section 5 thereof, or section 7C, or section 14B may prefer an appeal to a Tribunal against such order. 4. Since the petitioner has a statutory remedy by way of filing a statutory appeal, the writ petition is liable to be dismissed and the same is hereby dismissed. Interim order, if any, stands vacated. 2 5. The petitioner is granted liberty of 30 days to move statutory appeal before the tribunal under Section 7 I of the Act. (Sudhanshu Dhulia, J.) Dated: 13.12.2011 VKG