Telangana High Court

WP/38520/2013 of M/s.Janika Electronics Private Limited, Vs EMPLOYEES PROVIDENT FUNDS ORGANISATION on 30 December 2013

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SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38520 of 2013 Dated : 30.12.2013 Between: M/s.Janika Electronics Private Limited .. Petitioner And Employees Provident Funds Organisation and another .. Respondents THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38520 of 2013 ORDER

Between:

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.38520 of 2013

Dated : 30.12.2013

M/s.Janika Electronics Private LimitedAnd

.. Petitioner

Employees Provident Funds Organisation and another

.. Respondents

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ORDER:

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.38520 of 2013

The petitioner is aggrieved by the order of the Provident FundCommissioner made under Section 7A of the Employees Provident Funds andMiscellaneous Provisions Act, 1952 (for short ‘the Act’) on 29.06.2012 andrejection of his application to review the earlier decision dated 18.10.2012.

Against the order of the Provident Fund Commissioner under Section 7Aof the Act, the petitioner has a right of appeal before the Appellate Tribunalunder Section 7I of the Act. However, without availing the said right of appeal, the petitioner invoked the jurisdiction of this Court. There is no pleading as towhy the petitioner has not availed the opportunity of appeal. In view of thealternative remedy of appeal available to the petitioner, this writ petition is liableto be dismissed.

Learned counsel for the petitioner submits that the petitioner may begiven some time to prefer an appeal and pending finalisation of the appeal, herequested to stay the prosecution of petitioner in STC Nos.502 to 522 of 2013on the file of 12[th] Additional Metropolitan Magistrate, Hyderabad.

Having regard to the submissions made by the learned counsel for thepetitioner and considering the submissions made by the learned StandingCounsel for Employees Provident Fund Organisation, liberty is given to thepetitioner to prefer an appeal within a period of four (4) weeks from today. Pending consideration of the appeal, there shall be stay of prosecution of thepetitioner in STC Nos.502 to 522 of 2013 on the file of 12[th] AdditionalMetropolitan Magistrate, Hyderabad, for a period of four (4) weeks.

Subject to the above observations, the Writ Petition is dismissed. Thereshall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this writpetition shall stand closed.

___________________

P.NAVEEN RAO, J

December 30[th], 2013.ssp

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