( APHC010198622019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8622 OF 2019 Between: The Acharya Nagarjuna University, Nagarjunanagar-522510, Guntur District Rep. by its Registrar G. Rosaiah S/o G.Narasaiah, Aged 57 years ...PETITIONER AND 1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, 3'^'^ Lane, Krishna Nagar, Guntur. 2. The Commissioner, Employees Provident Fund Organisation, Regional Office, 3'"' Lane, Krishna Nagar, Guntur- 522006. 3. Sri K. Bhanu Prasad, Chief Secretary, All Universities Employees Workers Union, C/o Acharya Nagarjuna University, Nagarjuna Nagar - 522 510. and ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or a writ or more particularly in one nature of writ of Mandamus declaring that the impugned orders GR/GNT/40199/ Comp-ll/ 2019 /225 18.06.2019 passed by the respondent No.1 under Sec 7A of the Employees Provident Fund and Miscellaneous served on 26-06-2019, is illegal, arbitrary and violative of Article 14 provisions Act 1952 16, 21 f- and 300-A of Constitution of India without Jurisdiction and unenforceable in Law and consequently set-aside the same and grant such relief or further reliefs. lA NO: 1 OF 2019 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 stay all further proceedings on the order No. GR/GNT/40199/Comp- 11/2019/225 18.06.2019 passed by the respondent No.1 including the recovery proceedings, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M.CHALAPATHI, SC FOR NAGARJUNA UNIVERSITY Counsel for the Respondent Nos.1 & 2: SRI T. BALAJI(SC FOR EPFO) Counsel for the Respondent No.3:-— The Court made the following order: APHC010198622019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SEVENTH DAY Of JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8622/2019 Between: 1.THE ACHARYA NAGARJUNA UNIVERSITY, NAGARJUNANAGAR- 522510, GUNTUR DISTRICT, REP. BY ITS REGISTRAR G. ROSAIAH S/0 G.NARASAIAH, AGED 57 YEARS ...PETITIONER AND 1.THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, 3RD LANE, KRISHNA NAGAR, GUNTUR. EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, 3RD LANE, KRISHNA NAGAR, GUNTUR- 522006. K BHANU PRASAD CHIEF SECRETARY, ALL UNIVERSITIES EMPLOYEES AND WORKERS UNION, C/0 ACHARYA NAGARJUNA UNIVERSITY, NAGARJUNA NAGAR - 522 510. 2.THE COMMISSIONER, 3.SRI ...RESPONDENT(S): Counsel for the Petitioner: 1.M.CHALAPATHI SC For Nagarjuna University Counsel for the Respondent(S): I T BALAJI(SC FOR EPFO) OR^; > This Writ Petition is filed under Article 226 the following prayer; of Constitution of India with iJlegal, arbitrary and violative of Article 14 Constitution of India without Jurisdiction ' consequently set-aside the further reliefs.. particularly in impugned orders Fund served on 26-06-2019, is ■^6. 21 and 300-A of and unenforceable in Law same and grant such and relief or 2 Heard Sri M.Chalapathi learned Standing Counsel for the respondents, for the for the Petitioner and learned Standing Counsel 3- Learned Standing Counsel an effective alternative respondents would submit that there petitioner against the orders ^(1) Of the Act, 1952 (for short, submit that IS not substantial and are several orders passed by this of 2019 and batch,^and W.P. No. 6703 of dismissal of the writ petition. IS remedy available to the passed by the pri Provident Funds Learned Standing Counsel primary authority under Section Employees ,the Act'L under such need not be and Miscellaneous Provisions would further writ petition i circumstances, filing this entertained. There Court in W.P. Nos. 9889 2022, and therefore prays for 4. For ready reference, the relevant 16.03.2022 passed in W.P.No.6703 of 2022, i paragraph of the order dated IS oxtracted under; " - -Admittedly, in the the said opportunity. did not avail availability of the alternative 3 remedy as provided under Section 7(1) of the Act, this Court is not inclined to entertain the present writ petition on merits. However, the petitioner herein is at liberty to file a statutory appeal against the orders passed by the respondent herein under Section 7(A) of the Act before the Appellate Authority within a period of two (02) weeks from the date of receipt of a copy of this order and if any such appeal is filed before the Appellate Authority, the same be considered and appropriate orders be passed strictly in accordance with law on merits....” “The Petitioner herein is directed to deposit half of the amount covered by the order passed by the respondent authorities under Section 7(A) of the Act” as a condition precedent for entertaining such appeal. Learned counsel for the petitioner would submit that the petition may be disposed of in the light of the above said orders and a liberty may be given to the petitioner to challenge the orders by way of appeal. In view of the above discussion and the order referred to supra, this writ petition is disposed of by giving liberty to the petitioner to file a statutory appeal against the orders passed by the respondents herein under Section 7(A) of the Act before the Appellate Authority. There shall be no order as to costs. 5. 6. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, 3^^^ Lane, Krishna Nagar, Guntur. The Commissioner, Employees Provident Fund Organisation, Regional Office, 3'" Lane, Krishna Nagar, Guntur- 522006. 2. r- 3. One CC to Sri M.Chalapathi, SC for Nagarjuna University [OPUC] 4. One CC to Sri T. Balaji(SC for EPFO) [OPUC] 5. Two CD Copies Ssb Note: The Paragraph “ The Petitioner herein is directed to deposit half of the amount covered by the order passed by the respondent authorities under Section 7(A) of the Act, as a condition precedent for entertaining such appeal” is inserted after the words “ Strictly in accordance with Law on merits” in Paragraph No.4, as per Court order dt.07.08.2025 in lA No.1/2025. Substitute this amended order in place of earlier order which was despatched on 05.08.2025. Sd/- U. SRIDEVI ASSISTANT REGISTRAR HIGH COURT V DATED:07/07/2025 07/08/2025 (AMENDED) ORDER WP No. 8622 OF 2019 ^ 1 ^ AUG 2025 ^ ntSectiwiX+y DISPOSING OF THE W.P. WITHOUT COSTS