APHC010224402019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos.9889, 9898 AND 9909 OF 2019 Writ Petition No.9889 of 2019 Between: 1. RAVEENDRA BHARATI SCHOOL, REP. BY ITS CORRESPONDENT SRI MANNURU SUBRAHMANYAM, S/O.ANKAIAH, AGED 56 YEARS, R/O. FATEH, KHAN PET, NEAR WATER TANK, NELLORE. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, PRAGATI BHAVAN, NEW DELHI. 2. THE EMPLOYEE PROVIDENT FUND ORGANIZATION, REP. BY ITS COMMISSIONER, HAVING ITS OFFICE AT 3RD LANE, KRISH NAGAR, GUNTUR, ANDHRA PRADESH. 3. THE ASSISTANT P F COMMISSIONER EPF OFFICE, REGIONAL OFFICE, 3RD LANE, KRISHNA NAGAR, GUNTUR, ANDHRA PRADESH. 4. THE ENFORCEMENT OFFICER, EMPLOYEE PROVIDENT FUND ORGANIZATION, DISTRICT OFFICE, ONGOLE, PRAKASAM DISTRICT ...RESPONDENT(S): Writ Petition No.9898 of 2019 Between: 1. RAVEENDRA BHARATI SCHOOL, REP. BY ITS. CORRESPONDENT SRI MANNURU SUBRAHMANYAM, S/O.ANKAIAH, AGED 56 YEARS, R/O. FATEH 'KHAN PET, NEAR WATER TANK, NELLORE. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, PRAGATI BHAVAN, NEW DELHI. 2. THE EMPLOYEE PROVIDENT FUND ORGANIZATION, REP. BY ITS COMMISSIONER, HAVING ITS OFFICE AT 3RD LANE, KRISH NAGAR, GUNTUR, ANDHRA PRADESH. 3. THE ASSISTANT P F COMMISSIONER, EPF OFFICE, REGIONAL 2 OFFICE, 3RD LANE, KRISHNA NAGAR, GUNTUR, ANDHRA PRADESH. 4. THE ENFORCEMENT OFFICER, EMPLOYEE PROVIDENT FUND ORGANIZATION, DISTRICT OFFICE, ONGOLE, PRAKASAM DISTRICT ...RESPONDENT(S): Writ Petition No.9909 of 2019: Between: 1. RAVEENDRA BHARATI SCHOOL, REP. BY ITS CORRESPONDENT SRI MANNURU SUBRAHMANYAM, S/O.ANKAIAH, AGED 56 YEARS, R/O. FATEH KHAN PET, NEAR WATER TANK, NELLORE. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, PRAGATI BHAVAN, NEW DELHI. 2. THE EMPLOYEE PROVIDENT FUND ORGANIZATION, REP. BY ITS COMMISSIONER, HAVING ITS OFFICE AT 3RD LANE, KRISH NAGAR, GUNTUR, ANDHRA PRADESH. 3. THE ASSISTANT P F COMMISSIONER, EPF OFFICE, REGIONAL OFFICE, 3RD LANE, KRISHNA NAGAR, GUNTUR, ANDHRA PRADESH. 4. THE ENFORCEMENT OFFICER, EMPLOYEE PROVIDENT FUND ORGANIZATION, DISTRICT OFFICE, ONGOLE, PRAKASAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. N SUBBA RAO Counsel for the Respondent(S): 1. T BALAJI(SC FOR EPFO) 2. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: COMMON ORDER: Writ Petition No. 9889 of 2019 is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Certiorari calling for the records relating to the proceedings of 3rd Respondent Under Section 7.A of Act vide Ref. No.A.P./RO/GNT/76102/Compl-III/P1/7A order/2017/3598, dated 5-12- 2017 conformed in the order under 7-B of the EPF Act 3 Ref.No.AP/RO/GNT/76102/C-III/P-I/2018/89, dated 22.06.2018 as illegal and quash the same being in violation of the provisions of EPF and MP Act, 1952, consequently direct the Respondents to cause fresh enquiry giving an opportunity to the Petitioner to quantify the arrears of EPF, if any in accordance with the provisions of the Act.” Writ Petition No.9898 of 2019 is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Certiorari calling for the records relating to the proceedings of 3rd Respondent Under Section 7.A of Act vide Ref. No.A.P./RO/GNT/76414.Comp1-III/P.I/7An Order/2017/5397,dated.05- 12-2017 conformed in the order under 7-B of the EPF Act Ref.No.AP/RO/GNT/76414/C-III/P-I/2018/88, dated 22.06.2018 as illegal and quash the same being in violation of the provisions of EPF and MP Act, 1952, consequently direct the Respondents to cause fresh enquiry giving an opportunity to the Petitioner to quantify the arrears of EPF, if any in accordance with the provisions of the Act.” Writ Petition No.9909 of 2019 is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Certiorari calling for the records relating to the proceedings of 3rd Respondent Under Section 7.A of Act vide Ref. No.A.P./RO/GNT/76414/Compl-III/Zone-I/7A Order/2018/388, dated 30- 9-2018, as illegal and quash the same being in violation of the provisions of EPF and MP Act, 1952, consequently direct the Respondents to cause fresh enquiry giving an opportunity to the Petitioner to quantify the arrears of EPF, if any in accordance with the provisions of the Act.” 2. Heard Sri N.Subbarao, learned counsel for the Petitioner and Sri T.Balaji, learned Standing Counsel for Respondent Nos.2 to 4. 3. Learned counsel for the Petitioner would submit that, without giving any opportunity to the Petitioner, the impugned proceedings were issued. Hence, the matters may be remanded directing the Respondents to conduct a fresh enquiry by giving an opportunity to the Petitioner to submit the relevant information to quantify the arrears of E.P.F, if any. 4 4. Learned Standing Counsel for Respondent Nos.2 to 4 would submit that, Petitioner did not choose to appear before the concerned office, despite the summons served on him several times. It is submitted that, after giving several opportunities, the impugned orders have been passed. In fact, the Petitioner has to prefer appeal against the impugned proceedings. Learned Standing Counsel would further submit that, when there is an alternative and efficacious remedy available under Section 7(I) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short ‘the Act’), these writ petitions are not maintainable. Learned Standing Counsel vehemently contended that they have issues summons and having received the same, the Petitioner did not choose to appear before the Respondents-Authorities by producing necessary material to quantify the arrears of E.P.F, if any due. To substantiate their contention, learned Standing Counsel placed before the Court the acknowledgments regarding the receipt of summons by the Petitioner. Learned Standing Counsel would further submit that, these are covered matters by virtue of W.P.No.30077 of 2021, wherein, the learned Single Judge disposed of the said writ petition by giving an opportunity to the Petitioner therein to file a statutory appeal within a period of two weeks from the date of receipt of copy of the order. 5. Learned counsel for the Petitioners would submit that, same order may be passed in the present petitions also. 6. For ready reference, the relevant paragraph of the Order dated 22.12.2021 passed in W.P.No.30077 of 2021, is extracted hereunder: 5 “Admittedly, in the present case, the petitioner herein did not avail the said opportunity. In view of the availability of the alternative remedy as provided under Section 7(I) 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 respondents herein under Section 7(A) of the Act before the Appellate Authority within a period of two (2) 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. 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. It is also made clear that pending consideration of the said appeal to be filed by the petitioner herein within the time stipulated, no coercive action against the petitioner herein shall be taken by the respondent authorities. Pending consideration of the appeal subject to complying with the above said conditions, the order passed by the 1st respondent, which is impugned in the Writ Petition dated 01.11.2021, shall remain suspended. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.” 7. In view of the above discussion and the order referred to supra, these Writ Petitions are 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 within a period of two (2) 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. 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. It is also made clear that pending consideration of the said appeal to be filed by the Petitioner herein within the time stipulated, no coercive action against the Petitioner herein shall be taken by the 6 Respondent authorities. Pending consideration of the appeal subject to complying with the above said conditions, the Orders dated 22.06.2018, 22.06.2018 and 10.09.2018 respectively passed by the 3rd Respondent, which are impugned in these Writ Petitions, shall remain suspended. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.03.2025 Dinesh 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos.9889, 9898 AND 9909 OF 2019 Dt.24.03.2025 Dinesh