1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P(MD)No.7956 of 2011 and M.P(MD)No.1 of 2011 D.Duraisamy .. Petitioner Vs. 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, Trichirappalli. 2.The Assistant Provident Fund Commissioner (Compliance), Employees Provident Fund Organisation, Sub Regional Office, Trichirappalli. 2.The Assistant Provident Fund Commissioner (Recovery), Sub Regional Office, Trichy – 8. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the impugned order in ENF/C1/ TN/76853/SRO.Try/2011 dated 21.01.2011 passed by the first respondent and to quash the same as illegal and pass such further or other orders. For Petitioner : Mr.C.Sundaravadivel For Respondents : Mr.V.S.Karthi O R D E R The petitioner has come forward to file the present writ petition challenging the order passed under Section 7-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 2. The petitioner was running a matriculation school and he was earlier imposed with the liability in terms of Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The liability of the petitioner was assessed for the period from 7/2009 to 2/2010 and the petitioner was directed to comply with the payment. The petitioner, challenging the said order passed under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, exercised his power under Section 7-B and filed a review application beyond the period of limitation. 3. The review petition was filed on 12.11.2010 for reviewing the order dated 06.05.2010. The respondent rejected the review petition by https://hcservices.ecourts.gov.in/hcservices/ 2 order dated 21.01.2011 stating that review was time barred. Under Section 7-B(2), a review petition shall be filed within such time as may be specified in the Scheme. Paragraph 79-A of the Employees' Provident Funds Scheme, 1952 provides that the review petition can be entertained if it is filed within 45 days from the date of passing of the order under Section 7-A. In the present case, admittedly the order was passed on 06.05.2010 and the review application was filed long after the limitation prescribed. Therefore it is open to the petitioner to challenge the order refusing to review the order passed under Section 7-A and if the petitioner has no arrears as against the order passed under Section 7-A he has got remedy by way of filing an appeal to the Employees Provident Fund Appellate Tribunal under Section 7-I of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. In the absence of availing proper statutory remedy, the petitioner cannot come to this Court challenging the order on review and the writ petition is misconceived and accordingly stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(Writs) /True copy/ Assistant Registrar To 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, Trichirappalli. 2.The Assistant Provident Fund Commissioner (Compliance), Employees Provident Fund Organisation, Sub Regional Office, Trichirappalli. 3.The Assistant Provident Fund Commissioner (Recovery), Sub Regional Office, Trichy – 8. +1 cc to Mr.V.S.Karthi, Advocate, SR.No.35877 smn W.P(MD)No.7956 of 2011 and M.P(MD)No.1 of 2011 14.10.2011 TR :03.11.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/