AJIT ASSOCIATES ARCHITECTURAL CONSULTANTS PVT. LTD. Vs. ASSISTANT COMMISSIONER OF PROVIDENT FUND, ERNAKULAM

JUDGEMENT

(1.) Heard Sri N.Subramaniam, the learned counsel for the petitioner and Sri S.Prasanth, the learned Standing Counsel for the respondent.

(2.) The petitioner challenges Exts.P16 and P17 as illegal, violative of principles of natural justice and the order suffers from non-consideration of material facts. The petitioner raises a few legal objections against the orders impugned in the writ petition.

(3.) Sri Prasanth, appearing for the respondent, takes preliminary objection on the maintainability of the writ petition by contending that the petitioner has effective and efficacious remedy of appeal under Section 7(I) of the Employees Provident Fund Act. The petitioner, for the reasons best known to it, did not avail the opportunity of review provided by paragraph-79A of the Employees Provident Fund Scheme read with Section 7B of the Act. Therefore, the petitioner, if intends to challenge the order impugned in the writ petition, can certainly file appeal and file additional documents in accordance with law. Therefore, he prays for dismissing the writ petition. The preliminary objection raised appears to be correct. Hence merits are not adverted to in this order.