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2026 DAILYLAW 11462 (AP)

Employees Provident Fund Organisation v. A.P State Finandial Corporation

WP/3828/2014 · 2026-09-22

Ravi Cheemalapati

body2026

Judgment text

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APHC010640682014 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE 23 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3828 OF 2014 Between: 1. Employees Provident Fund Organisation,, Rep. by Assistant Provident Fund Commissioner, Sub Regional Office, Employees Provident Fund Organization, VUDA Layout, NAD Post, Visakhapatnam. 1. A P State Finandial Corporation, Rep by its B Newresapuvani pallem, Near Doctor Bullayya College, Vishakapatnam 2. M/s Ratnagiri Cements p Ltd, Sri.P.Ajay Kumar, Director, S/o.Rama Murthy, Flat No.1047, Vynatheya Residency, 30 Vishakapatnam. 3. Employees Provident Fund Appellate Tribunal, Rep. by its Registar, (Ministry of Labour and Employment, Government of India) 4th Floor, Core 2, Scope Minar, Laxmi Nagar, Delhi Petition under Article 226 of the Constitution of India praying that circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or order or direction more particularly in the nature of Certiorari to call for records in ATA No.83(1)2012 on file of 3rd respondent IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3828 OF 2014 1. Employees Provident Fund Organisation,, Rep. by Assistant Provident Fund Commissioner, Sub Regional Office, Employees Provident Fund Organization, VUDA Layout, NAD Post, Visakhapatnam. AND 1. A P State Finandial Corporation, Rep by its Branch Manager, Newresapuvani pallem, Near Doctor Bullayya College, Vishakapatnam 2. M/s Ratnagiri Cements p Ltd, Sri.P.Ajay Kumar, Director, S/o.Rama Murthy, Flat No.1047, Vynatheya Residency, 30-9-99/60, Murali Nagar, vident Fund Appellate Tribunal, Rep. by its Registar, (Ministry of Labour and Employment, Government of India) 4th Floor, Core 2, Scope Minar, Laxmi Nagar, Delhi-110092. ...Respondents Petition under Article 226 of the Constitution of India praying that circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or order or direction more particularly in the nature of Certiorari to call for records in ATA No.83(1)2012 on file of 3rd respondent IN THE HIGH COURT OF ANDHRA PRADESH DAY OF SEPTEMBER 2026 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 1. Employees Provident Fund Organisation,, Rep. by Assistant Provident Fund Commissioner, Sub Regional Office, Employees Provident Fund ...Petitioner ranch Manager, Newresapuvani pallem, Near Doctor Bullayya College, Vishakapatnam-13 2. M/s Ratnagiri Cements p Ltd, Sri.P.Ajay Kumar, Director, S/o.Rama Murthy, 99/60, Murali Nagar, vident Fund Appellate Tribunal, Rep. by its Registar, (Ministry of Labour and Employment, Government of India) 4th Floor, Core 2, ...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 any writ or order or direction more particularly in the nature of Certiorari to call for records in ATA No.83(1)2012 on file of 3rd respondent 2 appellate Tribunal and declare the impugned orders in said appeal No.ATA No.83(1)2012 dt.7-12-2012 as illegal, unjust and quash the same and consequently uphold the recovery notice/prohibitory orders issued by the EPFO IA NO: 1 OF 2014(WPMP 3831 OF 2014 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 dispense with the filing of the certified copy of the Employees Provident Fund Appellate Tribunal dt.7-12-2012 in ITA No.83(1) 2012 and batch in the interest of the justice IA NO: 2 OF 2014(WPMP 4730 OF 2014 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 operation of impugned orders of the Employees Provident Fund Appellate Tribunal in ATA No.83(1) 2012 dt.7.12.2012 pending disposal of Writ Petition in the interest of justice 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 to expedite hearing of writ the Writ Petition and post the same in the third week of august 2018 and pass Counsel for the Petitioner: T BALAJI(SC FOR EPFO) Counsel for the Respondents: N ASHWANI KUMAR Counsel for the Respondents: Y N LOHITA 3 The Court made the following order: This Writ Petition is filed challenging the order dated 07.12.2012 passed by respondent No.3 in ATA No.83(1) of 2012. 2. Heard Sri T.Balaji, learned counsel for the petitioner, and Sri G.R. Sudhakar, learned Standing Counsel for the Andhra Pradesh State Financial Corporation, appearing for respondent No.1. 3. The case against respondent No.2 was dismissed for default vide order dated 16.08.2017. 4. Learned counsel for the petitioner and learned counsel for respondent No.1 jointly submitted that the issue involved in the present Writ Petition has already been decided by a Coordinate Bench of this Court vide order dated 03.07.2026 in Writ Petition Nos.34772 of 2013 and batch, and that the present Writ Petition may also be disposed of in terms of the said order. 5. Recording the said submissions, and since the issue involved in the present Writ Petition has already been decided by a Coordinate Bench of this Court, this Court is inclined to dispose of the present Writ Petition in terms of order dated 03.07.2026 passed in Writ Petition Nos.34772 of 2013 and batch. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 4 7. Registry is directed to enclose a copy of the order dated 03.07.2026 passed in Writ Petition Nos.34772 of 2013 and batch to this Writ Petition. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 23.09.2026 MP 5 160 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.3828 of 2014 Dated : 23.09.2026 MP 6