M/s.Vamsi Krishna v. The Regional PF Commissioner II, EPF Organisation, Sub-Regional Office, Opp
Case at a glance
Outcome
Disposed of
In the circumstances, the writ petition is disposed of granting leave and liberty to
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 33. In the circumstances, the writ petition is disposed of granting leave and liberty to the petitioner to work out the remedy of appeal as available under Section 7(1) of the Act, against the order dated 29.12.2004 passed under Section 7-A of the Act. If…
- Para 44. The writ petition is accordingly disposed of. No costs. Dated: 24th March, 2005. CS ______________ G. ROHINI, J ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To
Judgment
Cause title
circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the order passed by the respondent herein bearing No.AP/42955/7A/SRO/RJY/Comphence/KKD/ 2004/307 dated 29-12-04 as illegal, arbitrary and void and consequently direct the respondent to drop all further proceedings against the petitioner in this regard. Counsel for the Petitioner: MR.N.SIVA REDDY Counsel for the Respondent: MR.R.N.REDDY, Standing Counsel for E.P.F. The Court at the admission stage made the following :
ORDER:
This writ petition is filed aggrieved by the order dated 29.12.2004 passed by the respondent under Section 7-A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, (for short, ‘the Act’).
Admittedly, against the said order, an efficacious alternative remedy of appeal is provided under Section 7-1 of the Act. Without exhausting the said alternative remedy available under the statute, the petitioner cannot maintain the writ petition.
Operative part
In the circumstances, the writ petition is disposed of granting leave and liberty to the petitioner to work out the remedy of appeal as available under Section 7(1) of the Act, against the order dated 29.12.2004 passed under Section 7-A of the Act. If any such appeal is preferred within a period of four weeks from today, the same shall be entertained and appropriate orders be passed in accordance with law. Pending such appeal, there shall be stay of further proceedings in furtherance of the order dated
29.12.2004 subject to the condition that the petitioner deposits 50% of the amount demanded under the said order dated 29.12.2004 within a period of six weeks from today.
The writ petition is accordingly disposed of. No costs. Dated: 24th March, 2005. CS ______________ G. ROHINI, J ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To
The Regional PF Commissioner II, EPF Organisation, Sub-Regional Office, Opp: Kambala Tank, Rajahmundry-533 105, East Godavari District.
2. 2 CD copies Form-NIC-OGS/WP{RS}
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the circumstances, the writ petition is disposed of granting leave and liberty to
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.