The Court dismissed a writ petition challenging an Apprentice and Enquiry order, holding that the remedy lies in appeal. The Court directed the petitioner to file an appeal with condonation of delay.
Petitioner granted liberty to file an appeal with condonation of delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPC 8085/2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA,
1944
WP(C) NO. 8085 OF 2019
PETITIONER/S:
VARTHAMANAM VENTURES (P) LTD.,
HAVING ITS REGISTERED OFFICE AT 17/1147,
VARTHAMANAM BUILDING, SABHA SCHOOL CROSS ROAD,
PUTHIYARA, REPRESENTED BY ITS MANAGING DIRECTOR
V.K.ASAFALI.
BY ADVS.
V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENT/S:
1THE REGIONAL PROVIDENT FUND COMMISSIONER,
SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,
P.O.ERANHIPALAM, KOZHIKODE-673006.
2M/S. MEDIA VIEW LIMITED,
HAVING ITS REGISTERED OFFICE CHALAPPURAM,
KOZHIKODE-673002, REPRESENTED BY ITS MANAGING
DIRECTOR N.V.ABDURAHIMAN
BY ADV DR.ABRAHAM P.MEACHINKARA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
WPC 8085/2019
JUDGMENT
The impugned order dated 9.8.2018 of the Assistant Provident Fund Commissioner, Calicut, Ext.P15, passed in an enquiry under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 is appealable under Section 7-I of the Act, which reads as under:
“ 7-I. Appeals to Tribunal .—(1) Any person aggrieved by a notification issued by the Central Government, or an order passed by the Central Government or any authority, under the proviso to sub-section (3), or subsection (4), of section 1, or section 3, or sub-section (1) of section 7A, or section 7B [except an order rejecting an application for review referred to in sub-section (5) thereof], or section 7C, or section 14B, may prefer an appeal to a Tribunal against such notification or order.
(2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed.”
The petitioner has not availed such remedy. The petitioner cannot be permitted to circumvent the provisions of such
WPC 8085/2019
3
remedy and convert the writ court as an Appellate Authority. In this view of the matter, the writ petition lacks merit and is accordingly dismissed.
At this stage, learned cousnel for the petitioner submits that he may be relegated to avail the remedy of appeal. The request is accepted. The petitioner is granted liberty to file an appeal by seeking condonation of delay in respect of the period spent in pursuing the wrong remedy.
Sd/-
AMIT RAWAL JUDGE
jg
WPC 8085/2019
4
PETITION |
ER EX |
APPENDIX OF WP(C) 8085/2019HIBITS |
|---|---|---|
EXHIBIT |
P1 |
A TRUE COPY OF THE FRESH CERTIFICATE OFINCORPORATION CONSEQUENT UPON CHARGE OFNAME DATED 3.8.2012 ISSUED BY THE REGISTRAROF COMPANIES |
EXHIBIT |
P2 |
A TRUE COPY OF THE CERTIFICATE OFREGISTRATION DATED 11.1.2013 ISSUED BY THEREGISTRAR OF NEWS PAPERS FOR INDIA |
EXHIBIT |
P3 |
A TRUE COPY OF THE LETTER DATED 3.8.2013. |
EXHIBIT |
P4 |
A TRUE COPY OF THE REPRESENTATIONDT.9.12.2013. |
EXHIBIT |
P5 |
A TRUE COPY OF THE LETTER DATED 13.3.2014. |
EXHIBIT |
P6 |
A TRUE COPY OF THE PROCEEDINGS DATED22.1.2014 OF THE RESPONDENT |
EXHIBIT |
P7 |
A TRUE COPY OF THE REPRESENTATION DATED17.3.2014 |
EXHIBIT |
P8 |
A TRUE COPY OF THE COMMUNICATION DATED28.04.2014. |
EXHIBIT |
P9 |
A TRUE COPY OF THE COMMON JUDGMENT OF THISHONOURABLE COURT DATED 06.04.2017. |
EXHIBIT |
P10 |
A TRUE COPY OF THE NOTICE ISSUED TO THEPETITIONER DATED 05.10.2017. |
EXHIBIT |
P11 |
A TRUE COPY OF THE LETTER GIVEN BY THEPETITIONER TO THE 1ST RESPONDENT20.10.2017. |
EXHIBIT |
P12 |
A TRUE COPY OF THE NOTE SHEET OBTAINED BYTHE PETITIONER FROM THE 1ST RESPONDENT. |
EXHIBIT |
P13 |
A TRUE COPY OF THE LETTER ISSUED BY THE 1STRESPONDENT TO THE MANAGING DIRECTOR OF THEPETITIONER COMPANY DATED 28.05.2015. |
EXHIBIT |
P14 |
A TRUE COPY OF THE LETTER ISSUED BY THEPETITIONER TO THE INCUMBENT OFFICE OF THE1ST RESPONDENT DATED 04.07.2018. |
EXHIBIT |
P15 |
A TRUE COPY OF THE ORDER OF THE 1STRESPONDENT DATED 09.08.2018. |
2 issues framed by the court
Whether the petitioner can file a writ petition challenging an order of the Assistant Provident Fund Commissioner when the remedy of appeal under Section 7-I is available.
Whether the writ court can be converted into an appellate authority in place of the statutory appellate remedy.
2 provisions across 1 enactments
VARTHAMANAM VENTURES (P) LTD.
THE REGIONAL PROVIDENT FUND COMMISSIONER
M/S. MEDIA VIEW LIMITED
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court