IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24435 of 2014 Between:
The Rajahmundry Municipal Corporation, Rajahmundry, East Godavari District, represented by its Commissioner.
.. Petitioner AND The Regional Provident Fund Commissioner-II, EPF Organization, Sub-Regional Office, Sri Laxmi Golden Plaza, 2nd and 3rd Floors, Danavaipeta, Rajahmundry, East Godavari District and another.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24435 of 2014 ORDER Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. Alleging that the petitioner Corporation has not paid the Provident Fund contributions, the 2nd respondent addressed a letter, dated 03.09.2010, to the petitioner to remit the said contributions. Subsequently, the petitioner has paid the contributions, and thereafter, impugned proceedings were initiated under Sections 7Q and 14B of the Employees’ Provident Funds and Miscellaneous Provision Act, 1952 (for short ‘the Act’), levying interest and damages on account of belated payment of contributions. The material enclosed to the writ affidavit would disclose that the matter is at the stage of conducting enquiry and so far no orders are passed fixing the liability. If an order is passed fixing the liability, Section 7-I of the Act provides a right of appeal before the Appellate Tribunal.
2. Learned Standing Counsel for the respondents also submits that the matter is at the stage of enquiry, which is posted to 15.09.2014.
3. In view of the submission of the learned Standing Counsel for the respondents, the writ petition is premature and is accordingly dismissed. However, the petitioner is at liberty to work out its remedies as and when final orders are passed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand dismissed.
P.NAVEEN RAO, J 26th August, 2014 sj