HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 29698 of 2013 Date : 26.9.2014 Between :
M/s S V College of Engineering and Technology, Upparapally, Hyderabad and E.P.F.Organisation AP, Barkathpura, Hyderabad … Petitioner Rep by its Assistant P F Commissioner (Compliance) and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 29698 of 2013 ORDER:
The order under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short the Act) dated 24.9.2010 was assailed in W.P. No. 32807 of 2010 and by order dated 20.11.2013. The said writ petition was dismissed on the ground that petitioner has an alternative remedy of appeal before the E.P.F.Appellate Tribunal under Section 7-I of the Act. However, period of two months was granted for availing the remedy of appeal, and if no appeal filed, it would be open for the respondent authorities to proceed in accordance with law. As no appeal was filed and order under Section 7B having become final respondents proceeded in accordance with provisions of the Act. On 27.8.2014 warrant of attachment of immovable property was issued and proclamation of sale was issued on 19.9.2014. These two orders are assailed in this writ petition.
2. Holding that petitioner became a defaulter in making EPF contributions for the period from June 2008 to April 2010, order under Section 7-A of the Act was passed fixing the liability at Rs.17,73,369.00. This Court declined to entertain the writ petition in view of availability of efficacious remedy of appeal to EPF Appellate Tribunal. No appeal is filed before the EPF Appellate Tribunal. Thus, this order has become final. This Court granted liberty to respondents to proceed in accordance with law, if no appeal is filed. In view of the same, orders dated 27.8.2014 and 19.9.2014 cannot be held as vitiated. Once liability is determined, respondent authorities are competent to take measures to recoup the liability and also to take penal action. There is no illegality in the orders impugned. These two orders being consequent to order under Section 7-A dated 24.9.2010 the present writ petition is not maintainable and the same is hereby dismissed. No costs. Sequel to the same, miscellaneous petitions, if any stand dismissed.
P NAVEEN RAO,J DATE:26.9.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 29698 of 2013 Date : 26.9.2014