THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18371 of 2014 Dated : 04.07.2014 Between:
M/s.V.Srinivasulu, Electrical and Engineering Works, Rep. by its Proprietor V.Srinivasulu, D.No.13-96, J.C.Bhavan, Taka Road, Miryalaguda, Nalgonda District.
.. Petitioner And The Union of India, Rep. by the Assistant Provident Commissioner, Employees Provident Fund Organisation, Regional Office, Andhra Pradesh, Barkatpura, Hyderabad and another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18371 of 2014 ORDER :
The petitioner is aggrieved by the order dated 23.12.2013 of the Assistant Provident Fund Commissioner passed under Section 14-B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, (for short ‘the EPF Act’) by imposing penal damages and interest on him which comes to Rs.9,24,839/-.
2. The case of the petitioner is that on the last date of hearing, he could not be present due to ill-health but hearing took place. He was s e t ex parte and an order was passed on 23.12.2013. Thereafter enforcement officer has pursued the matter asking him to pay the money.
3. Against the order passed by the Authority under the EPF Act, Act provides an appeal under Section 7-I to the EPF Appellate Tribunal. Remedy of appeal is a statutory remedy and is an effective and efficacious remedy. No reasons are assigned which impel this court to entertain the writ petition not withstanding availability of effective remedy of appeal. When an effective and efficacious remedy is available, the petitioner has to avail the remedy of appeal. Without exhausting the remedy of appeal, the writ petition cannot be instituted and the same cannot be entertained.
3. At this stage, learned counsel for the petitioner submits that he may be granted some time to file an appeal and in the meantime, 1st respondent may be directed not to take any coercive steps against the petitioner.
4. Having regard to the aforesaid submissions, the petitioner is granted six weeks time to prefer an appeal before the Appellate Tribunal under Section 7-I of the EPF Act against the impugned order subject to petitioner depositing 50% of the amount quantified by the Authority under the EPF Act within a period of four weeks from today. If the amount is not deposited within four weeks from today, liberty is granted to the 1st respondent to proceed against the petitioner to recover the amount quantified in the impugned proceedings.
5. Subject to the above observations and conditions, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 04.07.2014 ssp