G.SWARAJYA LAXMI, & 19 OTHERS v. THE CHAIRMAN & M.D., APSRTC., HYDERABAD & 2 OTHERS
WP/21284/2012 · 2025-02-11
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11563 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11563 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: OF ?ni9 Between; I G.Swarajya Laxini, W/o late Ramachandra Rao, Aged about 59 yrs, occ: owner of Bus No.AP 35U 6156,
1. 2. K.Sandeep, S/o K.S.Appalanaidu, Aged about 40 yrs, occ: owner of Bus No.AP 3 5U 8989,
3. K.Kondal Rao, S/o Pydithalli Naidu, Aged about 42 yrs, occ: owner of Bus No.AP 35U 9959,
4. P.V.R.Varma, S/o P.U.Raju, Aged about 45 yrs, occ: owner of Bus No.AP 35U 8987,
5. A.Sitarama Laxmi, W/o Ramana Murthy, Aged about 50 yrs, occ: owner of Bus No.AP 35U 9929, Smt.K.Susheela, W/o Kondal Rao, Aged about 35 yrs, occ: owner of Bus No.AP 35U 9949
6. 7. Smt.M.Satyavathi, W/o Thirupathiraju, Aged about 47 yrs, occ: owner of Bus No.AP 35U 6737, Smt.K.Devi, W/o IC.Srinivas Rao, Aged about 44 yrs, occ: owner of Bus No.AP 35U 9297, A.Raj a Rao, S/o Appanna, Aged about 50 yrs, occ: owner of Bus No.AP 35U 8222, G.Sanyasamma, W/o Srinivas Naidu, Aged about 53 yrs, occ: owner of Bus No.AP 35U 7888, S.S.R.Raju, S/o S.Sambasiva Raju, Aged about 40 yrs, occ: owner of Bus No.AP 3 5U 8978,
8. 9. 10. 11. 12. N.V.Santhosh, S/o N.R.Ravi, Aged about 44 yrs, occ: owner of Bus No.AP 3 5LJ 7778, N.R.K.Raju, S/o N.M.Raju, Aged about 42 yrs, occ: owner of Bus No.AP 35U 8199,
13. 14. R.Ramaraju, S/o Narsimha Raju, Aged about 45 yrs, occ; owner of Bus No.AP 3 5U 9079,
15. D.S.N.Raju, S/o D.S.R.Raju, Aged about 48 yrs, occ: owner of Bus No.AP 35U 9074, Smt.S.Swetha, W/o D.S.N.Raju, Aged about 38 yrs, occ; owner of Bus No.AP 3 5U 9746,
16. 17. S.Srihari, S/o Anand Rao, Aged about 50 yrs, occ; owner of Bus No.AP 35U 6234, B.S.R.M.Raju, S/o late B.L.P.Raju, Aged about 44 yrs, occ: owner of Bus No.AP 35U 0019, N.Kishore Babu, S/o Seshagiri Rao, Aged about 48 yrs, occ: owner of Bus No.AP 35U 7666, Smt.R.Mahalaxmi, W/o R.Ramarao, Aged about 56 yrs, occ: owner of Bus No.AP 35U 9169, All are R/o Balaji Nagar and Bondapally village Vizianagaram Town, Vizianagaram District. And
18. 19. 20. .. .Petitioners
1. The Andhra Pradesh State Road Transport Corporation i^pdDy Its Vice Chairman & Managing Director, Hyderabad. The Regional Manager, N.E.C Region, Vizianagaram District.
The Regional Provident Fund Commissioner Hyderabad. ’
2. 3. .. .Respondents Petition under Article 226 of the Constitution of India in the affidavit filed therewith issue a WRIT OR ORDER OR DIRECTION in the nature of WRIT OF MANDAMUS respondent dated 29.5.2012 praying that in the High Court the circumstances stated be pleased to i may more particularly declaring the orders of the vide Proc.No.lR2/785(3 )/2o one 1 10-PO-IV by deducting an amount of Rs.3,156/- (Rupees three thousand one hundred and fifty six only) each from all the petitioners pursuant to the orders of the towards contribution to E.P.F 3rd respondent dated 10.5.2012 arbitrary, untenable as illegal, of the Constitution of India Mi... H Employees Provident Fund and Miscellaneous Provisions Act lQ*=i9 anri isions Act, 1952 and contrary to the orders in batch of writ petition Nos.11619 of 2009 dt.12.8.2009. violative of Articles 14, 21 and contrary to Section
I.A. NO: 1 OF 2012(WPMP. NO: 27283 OF 2012) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to deduct the Provident Fund contributions from the hired charges payable to the petitioners forthwith without reference to the Proceedings dated 29.5.2012 in the interest of justice, pending disposal of the above writ petition. Counsel for the Petitioners: SRI G. TUHIN KUMAR Counsel for the Respondent Nos.1 & 2: SRI VINOD KUMAR TARLADA (SC FOR APSRTC) Counsel for the Respondent No.3: SRI DHARA SATYANARAYA The Court made the following: ORDER
APHC010134292012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No:21284 OF 2012 Between: ...Petitioners G.Swarajya Laxmi and 19 others. AND A.P.S.R.T.C., Rep. by its Vice Chairman & Managing Director, Hyderabad and two others. ...Respondents Counsel for the Petitioners: Sri G.Tuhin Kumar Counsel for the Respondents: Sri Vinod Kumar Tarlada The Court made the following order:
1.
The petitioners are challenging the proceedings dated 29.05.2012 whereby the 1®* respondent proposed to deduct an amount of Rs.3,156/- from the petitioners in pursuance of the orders of the 3'^'^ respondent dated 10.05.2012, towards contribution of E.P.F.
2. The petitioners relied upon the interim order granted by this Court in W.P. No.21665 of 2012, whereby this Court,
-2- W.P. No.21284 of 2012 identical matter, granted interim suspension of the vide
order dated in an similar proceedings. This Court, 01.10.2012, suspended the impugned proceedings dated 29.05.2012 pending further orders.
3. The W.P. No.21665 of 2012 was allowed on 30.01.2015. The grievance of the petitioners herein is also identical to that of the petitioners in W.P. 21665 of 2012 referred above. Identical amount was proposed to be deducted therein, vide proceedings dated from the petitioners 29.05.2012, and all the petitioners are owners of hired and the amount of Rs.3,156/- was proposed to be deducted towards the contribution of E.P.F. The batch of writ petitions was allowed by this Court setting aside the buses impugned proceedings, respondents issued the proceedings, 29.05.2012, in an unilateral manner without even granting to furnish their reply or dated
4. The an opportunity to the petitioners for the proposed recovery. The proposed response deduction on a monthly basis was also stayed by this Court. The appeal preferred before the Employees’ Fund Appellate Tribunal, New Delhi, is still Provident pending and the stay is subsisting. Pending such stay.
-3- W.P. No.21284 of 2012 the respondents shall not effect the deductions from the amount payable to the hired bus owners. This Court also passed the similar orders in W.P.No.21665 of 2012.
5. Following the order, dated 30.01.2015, in W.P. No.21665 of 2012, this writ petition is allowed. No costs.
6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Of February, Two Thousand and Twenty Five. day Sd/- P.U.V.BHASKAR RAO assistant REGISTRAR ' SECTION OFFICER //TRUE COPY// To,
1. The Vice Chairman & Managing Director
2. The Regional Manager, N.E.C Region
3. The Regional Provident Fund Commissioner,
4. One CC to Sri G. Tuhin Kumar,
5. One CC to Sri Vinod Kumar Tarlada
6. One CC to Sri Dhara Satyanarayana
7. Three CD Copies. , APSRTC, Vijayawada. Vizianagaram District. . Hyderabad. Advocate [OPUC] (SC for APSRTC) [OPUC] Advocate [OPUC] ssb
HIGH COURT DATED: 11/02/2025
ORDER WP.No.21284 of 2012 % O'. * 0 5 MAK 2025 mj a * Curroiu oeciiun . 'y! ALLOWING THE W.P. WITHOUT COSTS