THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.23562 OF 2005 DATED: 03-11-2005 BETWEEN: M/s A.P.C.P.D.C.LIMITED .. PETITIONER AND The Asst.P.F.Commissioner, O/o Employees Provident Fund Organisation .. RESPONDENT THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.23562 OF 2005 ORDER: The petitioner questions the proceedings No.AP/CP/43272/Enf./ATP/SRO/CDP/2005/2726 dated 19.10.2005 passed by the respondent under Section 7-A of the Employees Provident Funds and Miscellaneous Provisions Act 1952 demanding the petitioner to pay a sum of Rs.2,48,494/- towards the Provident Fund contribution in respect of the Employees Provident Fund within 3 days, otherwise the penal damages as per Section 14-B of the Act as well as the interest under Section 7-Q of the Act will attract. Admittedly, the appeal lies against the order passed by the respondent under Section 7-I of the Act to the appellate Tribunal. The petitioner filed this writ petition without availing the remedy available under Section 7-I of the Act. Therefore, the writ petition is not maintainable Learned standing counsel appearing for the respondent submits that usually the order that being passed by the Tribunal is granting stay on payment of 50% of the demanded amount. Accordingly, the writ petition is disposed of giving liberty to the petitioner to file an appeal before the appropriate tribunal within 10 days from the date receipt of a copy of this order. There shall be stay of operation of the proceedings dated 19.10.005 passed by the respondent during the pendency of the appeal subject to condition that the petitioner deposits half of the demanded amount within three weeks from today. No costs. ____________ 03-11-2005 kvrm