IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31589 of 2008(I) -------------------------- PETITIONER(S): --------------- VIJAYALEKSHMI CASHEW CO.KALLUKADAVU KARUNAGAPPALLY, KOLLAM., REP. BY ITS MANAGER AND AUTHORISED SIGNATORY SUDHAKARAN PILLAI S/O.THANKAPPAN PILLAI, 56 YEARS, LEENA BHAVAN VETTILATHAZHAM, DECENT JUNCTION PO., KOLLAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): --------------- REGIONAL PROVIDENT FUND COMMISSIONER EPFO SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, CHINNAKKADA, KOLLAM-691001. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31589/2008 -------------------- Dated this the 28th day of October, 2008 JUDGMENT Petitioner challenges Ext.P1 order passed by the respondent under Section 7A of the EPF & MP Act. Learned counsel for the petitioner submits that the grievance as regards Ext.P1 is essentially on account of the fact that the holiday wages paid to the employees had been treated as part of the wages, though the same will not qualify as wages as defined under Section 2B of the Act. In my view it is open to the petitioner to either file an appeal or seek a review of the order. This the petitioner may do within one month from today. If it is so done, the application for review shall be considered and disposed of by the respondent, in accordance with law. Learned counsel for the petitioner submits that the dispute is now only with regard to the holiday wages. In the circumstances, enforcement of Ext.P1 shall be kept in abeyance for a period of three months W.P.(C).31589/2008 2 from today. Orders on the application for review shall be passed by the respondent within two months from the date on which the application is received. V.GIRI, Judge mrcs