WA/2181/2004 of M/s.Karan Woosin Limited, Vs The Union of India, Ministry of Labour, on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE

and

HON'BLE SRI JUSTICE M.NARAYANA REDDY

WRIT APPEAL No.2181 of 2004 & WRIT PETITION No.21161 of 2004

W.A.No.2181 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated19/11/2004 in W.P.No.21161 of 2004 on the file of the High Court.)

Between:

M/s.Karan Woosin Limited,

A company incorporated under the Companies Act, 1956,having its registered office at S.No.321, Kallakal, Gajwel Tq., Medak District, rep., byits Manager, Mr.N.C.Reddy

..... APPELLANT

AND

1 The Union of India, Ministry of Labour, New Delhi rep., by its Secretary.

Employees Provident Fund Organisation, 14, Bikaji Cama Place, New Delhi-110 066 14, Bikaji Cama Place, New Delhi-110 066

3 The Assistant Provident Commissioner, (Authority under Section 14B of the Provident Fund Act, 1952) Sub-Accounts Office, Susheeram Complex,

Patancheru-502 319.

.....RESPONDENTS

Counsel for the Appellant :Sri P.BALAJI VARMA

Counsel for the Respondent No.1: Sri A.RAJASHEKAR REDDYStanding Counsel for Central Govt.Counsel for Respondents No.2 & 3: Sri R.N.Reddy, Standing Counsel for Provident Fund Commissioner.

WRIT PETITION No.21161 of 2004

Between:

M/s.Karan Woosin Limited,

A company incorporated under the Companies Act, 1956,having its registered office at S.No.321, Kallakal, Gajwel Tq., Medak District, rep., byits Manager, Mr.N.C.Reddy

..... PETITIONER

AND

1 The Union of India, Ministry of Labour, New Delhi rep., by its Secretary.

Employees Provident Fund Organisation, 14, Bikaji Cama Place, New Delhi-110 066 14, Bikaji Cama Place, New Delhi-110 066

3 The Assistant Provident Commissioner, (Authority under Section 14B of the Provident Fund Act, 1952) Sub-Accounts Office, Susheeram Complex,

Patancheru-502 319.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ of Mandamus Declaring that the 3rd respondent is having discretion inlevying damages within the limits provided under para 32 A of the EPF Scheme and consequently set aside the order of the 3rdrespondent dated 29-9-2004 pursuant to the show cause Notice-cum-Levy order No.AP/32431/PD/SAO/PTC/2004176 dated 14-5-2004.

(2) Declaring that declare Para 32A of the EPF Scheme as contrary to Section 14-Bof the EPF Act, Hence void and unenforceable, violative of Principles of naturaljustice and Article 14 of Constitution of India consequently set a side the order of the3rd respondent dated 29-9-2004 pursuant to the show cause Notice-cum-Levy orderNo. AP/32431/PD/SAO/PTC/2004176 dated 14-5-2004 and also (3) Directing the1st respondent to forthwith appoint presiding officer to the provident Fund AppellantTribunal Constituted under 7-D of the Provident Fund Act.

Counsel for the Petitioner :Sri P.BALAJI VARMA

Counsel for the Respondent No.1: Sri A.RAJASHEKAR REDDY

Standing Counsel for Central Govt.

Counsel for Respondents No.2 & 3: Sri R.N.Reddy, Standing Counsel for Provident Fund Commissioner.

The Court made the following common judgment :

COMMON JUDGMENT: (Per Hon’ble the Chief Justice)

With the consent of the parties, we have taken up writ appeal as well as writ petitionfor consideration.

Order dated 29[th] September, 2004 passed by the Assistant Provident FundCommissioner, Sub-Accounts Office, Patancheru, is under challenge by the writpetitioner – appellant on numerous grounds in the writ petition. Writ Petition wasfiled since there was no appellate authority functioning under the provisions ofEmployees Provident Fund and Miscellaneous Provisions Act, 1952. Learned single

Conclusion

Judge passed the interim order on 19[th] November, 2004 granting stay subject to writpetitioner – appellant depositing 50% of the amount within four weeks and appeal isagainst the said interim order. We are informed by the learned standing counsel forrespondents that appellate authority has now assumed charge on 24[th] November, 2004.

In the circumstances aforementioned, we proceed to set aside the impugned orderand dismiss the writ petition with liberty reserved to the writ petitioner – appellant tochallenge the order dated 29[th] September, 2000 passed by the Assistant ProvidentFund Commissioner before the appellate authority constituted under the provisionsof the said Act, within a period of four weeks from today, and also to approach thesaid authority for appropriate interim orders. We further direct that in the event ofappeal being filed within a period of four weeks as stipulated above, same will beduly entertained and decided on its merits, without raising the question of limitation and till the appeal and application seeking interim orders are taken up forconsideration, recovery proceedings shall not be proceeded against the writ petitioner – appellant.

Writ Appeal is accordingly allowed.

________________________DEVINDER GUPTA, C.J.

______________________M.NARAYANA REDDY, J

30-12-2004

bsc

.......REGISTRAR

To

1 The Secretary, Ministry of Labour, Union of India, New Delhi.

Employees Provident Fund Organisation, 14, Bikaji Cama Place, New Delhi-110 066

3 The Assistant Provident Commissioner, (Authority under Section 14B of the Provident Fund Act, 1952) Sub-Accounts Office, Susheeram Complex,

Patancheru-502 319.

4. 2 CD copies

Form-NIC-OGS/WA {RS}