Telangana High Court
WP/24807/2004 of Divisional Engineer (Operation), Vs Assistant Provident Fund Commissioner, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24807 of 2004 Between: Divisional Engineer (Operation), Andhra Pradesh Southern Power
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO.24807 of 2004
Between:
Divisional Engineer (Operation), Andhra Pradesh Southern Power DistributionCompany Ltd,Gandhi Road, Chittoor.
..... PETITIONER
AND
The Assistant Provident Fund Commissioner, Sub-Regional Office, 1/30, R.S. Road,Cuddapah.
.....RESPONDENT
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue a Writ, Order or Direction, more particularly one in the nature of Writ ofMandamus declaring the Demand Notice No. AP/CP/43247/CDP/ENF/CTR/2004-05/5938, dated 20-9-2004 and set aside thesame.
Counsel for the Petitioner: MR.S.RAVINDRANATH
Counsel for the Respondent: SMT. Kavitha Yadav The Court, at the admission stage, made the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Questioning the order No. AP/CP/43247/CDP/ENF/CTR/2004-05/5938, dated20.09.2004 passed by the respondent-Assistant Provident Fund Commissionerunder Section 7-C of the Employees Provident Funds and Miscellaneous ProvisionsAct 1952 (for short ‘the Act’), determining a sum of Rs.4,28,829-00 from thepetitioner-Company for the period from 30.03.2000 to 31.07.2003 towards dues ofemployees’ share of Provident Fund, the present writ petition is filed.
Heard the learned counsel for petitioner and learned Standing Counsel forrespondent.
Though several contentions are raised questioning the impugned order, learnedStanding Counsel for respondent submits that against the impugned order anappeal lies under Section 7(I) of the Act and that without availing the said remedythe petitioner has approached this Court in a haste manner.
Since alternative efficacious remedy is provided under the Act, the petitioner is atliberty to file an appeal under Section 7(I) of the Act, within a period of four weeksfrom today. Pending appeal there shall be stay of all further proceedings pursuant toimpugned order dated 20.09.2004, on condition of petitioner depositing 50% of theamount demanded vide proceedings dated 20.09.2004, within a period of six weeks.
Subject to above observations, the Writ Petition is disposed of at the stage ofadmission. No costs.
________________
(N.V. RAMANA, J)
Nsr/Tvk
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. The Assistant Provident Fund Commissioner, Sub-Regional Office, 1/30, R.S. Road, Cuddapah.
2. Two CD copies.