VIVEKANANDA COLLEGE OF ARTS & SCIENCE FOR WOMEN Vs. COMMISSIONER REGIONAL EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) The order dated 15.01.2013 issued by the second respondent under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [hereinafter called as "the EPF&MP Act"] is under challenge in this writ petition.

(2.) The learned counsel for the petitioner states that the respondents have not considered certain factual aspects regarding the administration of the college. In order to settle the discrepancies in the factual aspects, the writ petitioner has chosen to file the present writ petition.

(3.) The learned counsel appearing on behalf of the respondents questioned the very maintainability of the writ petition on the ground that the writ petitioner had participated in the 7A enquiry and on receipt of the order issued by the Competent Authority under Section 7A enquiry, the writ petitioner was remitted the entire amount. The said payment made pursuant to the order passed under Section 7A was not disputed by the writ petitioner. Thus, the subsequent order issued under Sections 14B & 7Q of the EPF & MP Act for damages and claiming interest cannot be questioned, since it is a consequential one. This apart, an alternate remedy was available to the writ petitioner during the appropriate time and the same was not filed by the writ petitioner.