IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WA.No. 317 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34082/2009 Dated 26/11/2009 .................... APPELLANT(S): PETITIONER ------------------------ MANIMEKHALA, AGED 50 YEARS,D/O.SAVITHRI, PROPRIETRIX, M/S.THANAL PLACEMENT SERVICE & REAL ESTATE & OTHER ACTIVITIES, MEDICAL COLLEGE, TRIVANDRUM,RESIDING AT SREERAGAM, GAURI NAGER, PONGANMOODU, CHENTHY, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): RESPONDENT ------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER-II,REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. 3. THE ASSISTANT PR0VIDENT FUND COMMISSIONER, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. 4. VARGHESE DANIAL, THE ASSITANT PROVIDENT FUND COMMISSIONER,REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. 5. THE ENFORCEMENT OFFICER, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 6. GOPALAKRISHNAN NAIR, ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND OFFICE, PATTOM, THIRUVANANTHAPURAM. 2 7. K.G.VINOD, ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND OFFICE, PATTOM, THIRUVANANTHAPURAM. R1 TO R3 BY SC SMT. T.N.GIRIJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN, Ag. C.J. & C .N. RAMACHANDRAN NAIR, J. -------------------------------------------- W. A. No. 317 OF 2010 -------------------------------------------- Dated this the 4th day of March, 2010 JUDGMENT Raman, Ag. C. J. Appeal is preferred against the judgment of the learned single Judge dismissing the Writ Petition filed by the appellant. Earlier she approached this Court challenging the order of the Provident Fund Commissioner passed under Section 7A of the Employees Provident Fund Act. This Court by judgment dated 21.5.2009 disposed of the Writ Petition giving an opportunity to the appellant to file review petition within 30 days and directed the authority to pass appropriate orders. Appellant thereafter filed review petition which is considered by the same Officer, who disposed of the appellant's application. The appellant has challenged the said order again before this Court in the Writ Petition which was dismissed by the learned single Judge. The main argument of counsel for the appellant is that when review petition is filed, the same should be considered by a superior officer. Review means review of the order or judgment passed by the Officer who heard 2 the appellant's application. Even the statute prescribes that review petition should be heard by the same officer who disposed of the appellant's application. Therefore the learned single Judge rightly dismissed the Writ Petition. The remedy, if any, for the appellant is to file statutory appeal before the appellate authority and leaving that open, we dismiss the appeal. 2. Learned counsel for the appellant seeks one month's time for filing appeal. In view of the pendency of the matter before this Court, we direct that in case appeal is filed within one month from today before the statutory authority, the same will be treated as one filed in time and will be considered in accordance with law. (P.R. RAMAN) Ag. Chief Justice (C.N.RAMACHANDRAN NAIR) Judge. kk 3