1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3517/2008 (Holy Faith Education Society thr. its Secretary vs. Assistant Provident Fund Commissioner, Nagpur.) ====================================== Shri N.D.Khamborkar, Adv. for the petitioner Shri R.S.Sunderam, Adv. for respondent CORAM : B.P.Dhamadhikari, J. DATE : 18 th NOVEMBER, 2008 Heard learned counsel for the parties. Review of an or`der under Section 7(A) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, sought for by the petitioner under the provisions of Section 7(B) of the Act has been rejected only on the ground that the petitioner withdrew the Writ Petition No. 5066/2007 filed by him challenging the order under Section 7(A) of the Act with liberty to file appeal. Advocate Khamborkar, for the petitioner contends that when petitioner found that remedy of filing review is also available, the said remedy was invoked and hence the review ought to have been considered on merits. Advocate Sunderam, for respondent contends that as the writ petition was expressly withdrawn with liberty to file appeal under Section 2 7(I) of the Act before the Appellate Tribunal, the review has not been rightly entertained. After hearing the parties, I am satisfied that merely because petitioner withdrew the writ petition with liberty to file appeal under Section 7(I) of the Act, and then review application was filed u/s 7(B), it could not have been rejected. It should have been considered on merits and there is no question of any violation of order in Writ Petition No. 5066/07 in the matter. In view of this, the impugned order dated 9/5/2008 is hereby quashed and set aside. Review petition filed by the petitioner is restored to the file of Assistant Provident Fund Commissioner, Nagpur, for fresh consideration on merits. Rule accordingly with no order as to cost. JUDGE Rvjalit