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2025 DAILYLAW 51112 (AP)

COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORP., v. SECRETARY, LABOUR DEPT., NEW DELHI & ANOTHER

WP/15978/2017 · 2025-11-04

Sumathi Jagadam

body2025

Judgment text

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APHC010054732017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 15978/2017 Between: 1. COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORP.,, REP.BY ITS ADDL. COMMISSIONER, SRI S. S. VARMA R/O VISAKHAPATNAM. ...PETITIONER AND 1. SECRETARY LABOUR DEPT NEW DELHI ANOTHER, MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA. CENTRAL SECRETARIAT, NEW DELHI. 2. ASSISTANT P F COMMISSIONERPD, EPFO SRO NAD POST, VISAKHAPATNAM. ...RESPONDENT(S): 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 one in the nature of Writ of Mandamus declaring that the impugned orders No AP/VP/55692/Z-53/PD CELL/2016/2231, dated: 26.07.2016 passed under section 14B & 7Q of the Employees Provident Funds and Miscellaneous Provisions Act,1952 (the Act) by the 2nd Respondent as arbitrary, illegal, without jurisdiction, contrary to principles of natural justice, unenforceable in law the same and pass 2 JS,J W.P.No.15978/2017 IA NO: 1 OF 2017(WPMP 19645 OF 2017 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 the orders of the 2nd Respondent in AP/VP/55692/Z-53/PD CELL/2016/2231, dated: 26.07.2016 pending disposal of the writ petition and pass IA NO: 4 OF 2017(WPMP 240259 OF 2017 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 IA NO: 1 OF 2018 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 IA NO: 1 OF 2022 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 expedite hearing of the W.P.No15978 of 2017 by fixing an early date and pass Counsel for the Petitioner: 1. KOKA SATYANARAYANA RAO Counsel for the Respondent(S): 1. T BALAJI(SC FOR EPFO) 2. K JAGAN MOHAN REDDY 3. B NARASIMHA SARMA 3 JS,J W.P.No.15978/2017 The Court made the following ORDER: When the matter is taken up for hearing, there is no representation on behalf of the petitioner. Learned Standing Counsel for the respondents submits that the order challenged under the Writ Petition is passed by the concerned authority under Section 14B & 7Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 which is an appealable order before the Appellate Authority under Section 7-I of the Act. Considering the submissions of the learned Standing Counsel for the respondents, the present Writ Petition is disposed of directing the petitioner to prefer an appeal as contemplated under Section 7-I of the Act, before the Appellate Authority within a period of six (6) weeks from the date of receipt of copy of this Order, by depositing 25% of the amount demanded on 26.07.2016, under Section 14B of the Act. On such submission of appeal by paying 25% of the demanded amount by the petitioner, the Appellate Authority shall receive and dispose of the same as early as possible. There shall be no order as to costs. As a sequel, miscellaneous pending applications, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 05.11.2025 KAS 4 JS,J W.P.No.15978/2017 264 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 15978/2017 Date: 05.11.2025 KAS