Telangana High Court

WP/27520/2005 of M/s. Prithvi Information Solutions Limited, Vs Employees Provident Fund Organisation, on 26 December 2005

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SRI JUSTICE V.ESWARAIAH W.P.NO.27520 OF 2005 Dt.26.12.2005 Between: M/s.Prithvi Information Solutions Limited … Petitioner And Employees Provident Fund Organization, Barkatpura, Hyderabad and 2 others. … Respondents ORDER: Heard the learned counsel for the petitioner and

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THE HON’BLE SRI JUSTICE V.ESWARAIAH

W.P.NO.27520 OF 2005Dt.26.12.2005Between:M/s.Prithvi Information Solutions Limited… PetitionerAndEmployees Provident Fund Organization,Barkatpura, Hyderabad and 2 others. … Respondents

ORDER:

Heard the learned counsel for the petitioner and the learned Standing Counselappearing on behalf of the respondents.

As against the order dated 1.7.2005 passed by the 2[nd] respondent under Section 7-A of the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (forshort ‘the Act’) demanding the petitioner to pay the sum of Rs.5,23,958/-, this writpetition has been filed.

Admittedly, as against the said order, appeal lies under Section 7-I of the Act to theTribunal. As there is an effective alternative remedy, I am not inclined to grant stay ofthe said order dated 1.7.2005 by admitting the writ petition.

Having regard to the facts and circumstances of the case, the writ petition isdisposed of directing the petitioner to file an appeal before the appellate Tribunalunder Section 7-I of the Act within four weeks from today. However, there shall be stay of the impugned order subject to the condition that the petitioner deposits half ofthe amount covered by the impugned order issued under Section 7-A of the Actwithin four weeks from today. On filing such appeal by paying the half of thedemanded amount, the appellate authority may entertain the appeal and dispose ofthe same in accordance with law.

The writ petition is disposed of accordingly. No costs.

____________________

(V.ESWARAIAH, J.)26.12.2005kpr

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