IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 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 JQF 2019 WRIT PETITION NO: 9889 OF 2019 Between: Ravoendra Bharati School, rep. by its Correspondent Sri Mannuru S/o.Ankaiah, A^ed 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 Fuhtf Organization, Rep. by its Commissioner having its Office At 3'^ lane, Krisha Nagar, Guntur, Andhra Pradesh. 3. The Assistant P.F. Commissioner, EPF Office, Regional Office, 3'"^ lane, Krishna Nagar, Guntur, Andhra Pradesh. 4. The Enforcement Officer, Ertiployee Provident Fund Organization District Office, Ongole, Prakasam District ...RESPONDENT^ 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 a Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the proceedings of 3'*^ respondent Under Section 7.A of Act vide Ref. No.A.P./RO/GNT/76102/Compl-lll/P1/7A 5-12-2017 conformed in the order under 7-B of the EPF Act Ref.No.AP/RO/GNT/76102/C-lll/P-l/2018/89, dated 22.06.2018 as illegal order/2017/3598, dated 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 pf the Act. 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 suspend the proceedings of 3rd respondent in vide reference No. AP/RO/GNT/75102/C-III/P-I/2018/89, dated 22.06.2018, pending disposal of the Writ Petition before this Hon'ble Court. Counsel for the Petitioner: SRI N. SUBBA RAO Counsel for the Respondent No.1: DEPUTY SOLICITOR GENERAL OF INDIA Counsel of the Respondent Nos.2 to 4: SRI T. BALAJI, SC FOR EPFO WRIT PETITION NO: 9898 OF 2019 Between: Raveendra Bharati School, rep. by its. Correspondent Sri Mannuru Subrahmanyam, S/o.Ankaiah, Aged 56 years, R/o. Fateh 'Khan Pet, Neaf 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 3'"^ lane, Kfish Nagar, Guntur, Andhra Pradesh. 3. The Assistant P.F. Commissioner, EPF Office, Regional Office, 3 lane, Krishna Nagar, Guntur, Andhra Pradesh. 4. The Enforcement Officer, Employee Provident Fund Organization District Office, Ongole, Prakasam District. rd y ¥■ f- ...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 a Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the proceedings of 3 rd respondent Under Section 7.A of Act vide Ref. No. A.P./RO/GNT/76414.Comp1-lll/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 ah opportunity to the Petitioner to quantify the arrears of EPF, if any in accordance with the provisions of the Act. lA NO: 1 OF 2019 Petition under Section 15f CPC praying that in the circumstances stated in the affidavit filed in su of the petition, the High Court may be pleased to suspend the proceedings of 3^^^ respondent vide reference No. AP/RO/GNT/76414/C-III/P-I/2018/88, dated 22.06.2018, pending disposal of the Writ Petition before this Hon'ble Court. Counsel for the Petitioner: SRI N. SUBBA RAO Counsel for the Respondent No.1: DEPUTY SOLICITOR GENERAL OF INDIA Counsel of the Respondent Nos.2 to 4: SRI T. BALAJI, SC FOR EPFO WRIT PETITION NO: 9909 OF 2019 Between: 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 The Union of India, rep. by its Under Secretary, Ministry of Labour and Employment, Government ofjodia, Pragati Bhavan, New Delhi. 1. % 2. The Employee Provident Fund Organization, Rep. by its Commissioner, having its Office At 3 rd lane, Krish Nagar, Guntur, Andhra Pradesh. The Assistant P.F. Commissioner, EPF Office, Regional Office, 3 lane, Krishna Nagar, Guntur, Andhra Pradesh. The Enforcement Officer, Employee Provident Fund Organization District Office, Ongole, Prakasam District rd 3. 4. ...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 a Writ, ordef'br direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the proceedings of 3 rd respondent Under Section 7.A of Act vide Ref. No. A.P./RO/GNT/76414/Compl-lll/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. lA NO: 1 OF 2019 Petition under Section IST'CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of 3'^'^ respondent in vide Ref. No. A.P./RO/GNT/76414/Comp1-lll/Zohi-l/7A Order/2018/388, dated 30-9-2018, pending disposal of the Writ Petition before this Hon'ble Court. Counsel for the Petitioner: SRI N. SUBBA RAO Counsel for the Respondent No.i: DEPUTY SOLICITOR GENERAL OF INDIA Counsel of the Respondent Nos.2 to 4: SRI T. BALAJI, SC FOR EPFO The Court made the following: COMMON ORDER J 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/0. 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 DISTRICT OFFICE, ONGOLE, PRAKASAM ORGANIZATION 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/0. 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 DISTRICT OFFICE, ONGOLE, PRAKASAM ORGANIZATION DISTRICT ...RESPONDENT(S): Writ Petition No.9909 of 2019: Between: 1.RAVEENDRA BHARATI SCHOOL, REF. BY ITS CORRESPONDENT SRI MANNURU SUBRAHMANYAM, S/O.ANKAIAH, AGED 56 YEARS, R/0. 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 DISTRICT OFFICE, ONGOLE, PRAKASAM ...RESPONDENT{S): Counsel for the Petitioner: 1.NSUBBARAO Counsel for the Respondent(S): 1.TBALAJI(SC FOREPFO) 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 3''^ Respondent Under Section 7.A of Act vide Ref No.A.P./RO/GNT/76102/Compl-lll/P1/7A order/2017/3598, dated 5-12- 2017 conformed in the order under 7-B of the EPF Act 3 -r Ref.No.AP/RO/GNm6102/C-lll/P-l/2018/89, dated 22.06.2018 as illegal and quash the same being in violation of the provisions of EPF and MR 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 3'^ Respondent Under Section 7.A of Act vide Ref No.A.P./RO/GNT/76414.Comp1-lll/P.I/7An Order/201775397,dated.05- 12-2017 conformed in the order under 7-B of the EPF Act Ref.No.AP/RO/GNT/76414/C-lll/P-l/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 3^^ Respondent Under Section 7.A of Act vide Ref No.A.P./RO/GNT/76414/Compl-IH7Zone-l/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. ” Heard Sri N.Subbarao, learned counsel for the Petitioner and Sri 2. 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 the impugned orders have been passed. In fact, the several opportunities Petitioner has to prefer appeal against the impugned proceedings. Learned would further submit that, when there is an alternative and remedy available under Section 7(1) of the Employees Provident Provisions Act, 1952 (for short ‘the Act), these writ Standing Counsel efficacious Funds and Miscellaneous Learned Standing Counsel vehemently petitions are not maintainable, contended that they have issues summons and having received the same, the Petitioner did not choose to appear before the Respondents-Autho rities by material to quantify the arrears of E.P.F, if any due. To producing necessary substantiate their contention, learned Standing Counsel placed before the acknowledgments regarding the receipt of summons by the Court the Petitioner. Learned Standing Counsel would further submit that, these are of W.P.No.30077 of 2021, wherein, the learned covered matters by virtue 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. For ready reference, the relevant paragraph of the Order dated 22.12.2021 passed in W.P.No.30077 of 202T is extracted hereunder: 6. 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(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 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 1^^ 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.” 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 7. 6 Respondent authorities^ Pending consideration of the appeal subject to complying Orders dated 22.06.2018, 22.06.2018 and with the above said conditions, the 10.09.2018 respectively passed by the 3““ Respondent, which are impugned in these Writ Petitions, shall remain suspended. As a sequel thereto miscellaneous petitions, if any, pending shall stand closed. Sd/- A.V1JAYA BABU assistant registrar //TRUE COPY// OFFICER SE and Employment Union of To, Ministry of Labour ia, Pragati Bhavan, New Delhi. Fund Organization, having its 1 The Under Secretary India, Government of India r The commissioner, Employee Provident Krish Nagar, Guntur, Andhra Pradesh. EPF Office, Regional Office, i Office At 3"* lane The Assistant P.F. Commissioner Guntur, Andhra Pradesh. Provident Fund Organization, 3 lane, Krishna Nagar Enforcement Officer, Employee Prakasam District ^ The District Office, Ongole Advocate [OPUC] ^ One CC to Sri N. Subba Rao 5 / 7. One CC to Amaravati [OPUC] 8. Three CD Copies. ssb HIGH COURT DATED:24/03/2025 * 0 9 APR 2025 . Current section . ^ a COMMON ORDER WP.Nos.9889, 9898 and 9909 of 2019 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS