IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29815 of 2014 Between:
T.S. Power Generation Corporation Ltd., Rep. by its Superintending Engineer (O&M), Ramagundam Thermal Station, Ramagundam, Karimnagar District.
.. Petitioner AND Union of India, Rep. by its Secretary – Labour Department, New Delhi & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29815 of 2014 ORDER:
Alleging that contributions were not made within time as required under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’), between February, 1999 and August, 2013, enquiry was conducted under Section 14B of the Act and by orders, dated 15.04.2014, damages and interest were levied. Total amount of liability fixed is Rs.8,68,985/-. Even before the orders are passed, on 21.03.2014 Prohibitory Order was passed against the petitioner. Aggrieved thereby, this writ petition is instituted.
2. Against the order passed by the competent authority, appeal shall lie to the Employees’ Provident Funds Appellate Tribunal under Section 7-I of the Act. Since the petitioner has an efficacious alternative remedy by way of an appeal, the writ petition at this stage is not maintainable. The petitioner has to avail the alternative remedy of appeal.
3. Learned counsel for the petitioner submits that the petitioner requires some time to prefer an appeal. The petitioner is a leading public sector corporation and ultimately if the petitioner is required to pay the amounts determined, it shall comply with the requirements. Learned counsel for the petitioner further contends that even before the orders were issued fixing liability under Sections 14B and 7Q of the Act, the authorities could not have passed Prohibitory Order and prayed for suspension of the Prohibitory Order enabling the petitioner to file an appeal before the Appellate Tribunal.
4. Having regard to the submissions made, the Writ Petition is disposed of giving liberty to the petitioner to avail the remedy of appeal available under Section 7-I of the Act within a period of one (1) month from today and the respondents shall not take any coercive steps against the petitioner for a period of six (6) weeks from today. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 8th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29815 of 2014 Date: 8th October, 2014 KL