Gudalur Taluk Muslim Orphanage Committee vs Regional Provident Fund Commissioner and Others

Vinod K. Sharma, J.—The petitioner has invoked the extraordinary equitable jurisdiction of this Court, by filing these three writ petitions to

challenge the orders passed by the respondents in imposing damages, interest and ordering attachment of the property for recovery of due amount

in exercise of statutory powers vested under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the

''Act''). It is not disputed, that impugned orders are appealable under the Act. In view of the fact, that statutory remedy of appeal is available,

which is equally efficacious remedy, the writ petition is not maintainable.

Learned counsel for the petitioner however vehemently contends, that alternative remedy of appeal is not a bar to maintainability of these writ

petitions, as the petitioner is not challenging the impugned orders on merit, but only on the ground, that basic order passed u/s 7-A of the Act, is

under challenge in this Court. The impugned orders, being only consequential orders of the main order, therefore will go with the order to be

passed by this Court in writ appeal, challenging the order passed u/s 7-A of the Act.

In view of the positive stand taken by the learned counsel for the petitioner, all these writ petitions are liable to be dismissed, for the simple

reason, that the writ petition filed by petitioner against the order passed u/s 7-A of the Act was dismissed by the Hon''ble Single Judge.

The only contention of the learned counsel for the petitioner is that writ appeal has been filed against the order of the Hon''ble Single Judge.

However, it is not disputed, that in the writ appeal, no stay was granted, therefore, the order of the Hon''ble Single Judge is operative, though

subject to decision by the Hon''ble Division Bench.

In view of the fact, that challenge in these writ petitions is only on the ground, that the order u/s 7-A of the Act is under challenge, which already

stands upheld by this Court, finding no merit in all these writ petitions, these writs are ordered to be dismissed. No costs.