IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 8451 of 2008 Between: M/s. Bakran Beedi Works, Armoor, Nizamabad District, A.P., Rep. by Ahmed Bakran, S/o. Late Abdullah Bakran, R/o. Armoor, Nizamabad District, A.P. ..... PETITIONER AND 1 Employees Provident Fund Appellate Tribunal, 7th Floor, Skylark Building, Nehru Place, New Delhi- 110 019. 2 The Regional Provident Fund Commissioner-II, Sub-Regional Office, Nizamabad of Employees Provident Fund Organisation, (Ministry of Labour, Govt. of India), Sub-Regional Office, Nyalkal Road, Nizamabad, A.P. 3 The Assistant P.F. Commissioner and Recovery Officer, Sub-Regional Office, Nizamabad of Employees Provident Fund Organisation, (Ministry of Labour, Govt. of India), Sub- Regional Office, Nyalkal Road, Nizamabad, A.P. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to grant a writ particularly in the nature Mandamus to set-aside the orders in Case No. AP/SRO/NZB/PD/CELL/ 14-B/5211/2006-2007/156, dated 10.08.2006, passed by the respondent No.2, consequently while allowing the appeal ATA No. 595(1)/2006, filed before the 1st Respondent, set aside the orders of the 1st Respondent dated 18.10.2007, in ATA No. 595(1)/2006. Counsel for the Petitioner: MR.CH.SRINIVASA RAJU Counsel for the Respondents: MR.R.N.REDDY (SC FOR EMPLOYEES’ P.F. ORGANIZATION) The Court made the following: THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No.8451 of 2008 ORDER: This writ petition has been instituted calling in question the correctness of orders passed on 10.08.2006 by the Regional Provident Fund Commissioner-II, Employees’ Provident Fund Organization, Sub Regional Office, Nizamabad, imposing a levy of a total sum of Rs.30,91,654/- (Rupees Thirty Lakhs Ninety One Thousand Six Hundred and Fifty Four only) as damages for the belated remittances made by the petitioner-employer for the period from 03/86 to 03/96. The impugned order has been passed in exercise of the power available to the Regional Provident Fund Commissioner under Section 14-B of the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 (for short ‘the Act’). It is the assertion of the writ petitioner that it had made its remittances to the Provident Fund Organization, but, however, due to certain discrepancies with regard to the data submitted by it in that regard, it has been construed as if it had committed violation of the provision contained under the Act. Learned counsel for the petitioner would submit that the writ petitioner would deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) on or before 15.05.2008 with the Sub Regional Office of the Employees’ Provident Fund Organization, Nizamabad. The petitioner also undertakes to submit a detailed representation enclosing thereto the necessary material indicating the remittances made to the Employees’ Provident Fund Organization. I, therefore, consider it appropriate to provide the petitioner an opportunity to satisfy the Sub-Regional Office of the Employees’ Provident Fund Organization that the remittances have, in fact, been made by the petitioner during the relevant period of time. The 2nd respondent will re-consider the matter and pass appropriate orders thereafter. Should the petitioner commit default either in making the deposit of Rs.3,00,000/- (Rupees Three Lakhs only) on or before 15.05.2008 or commit default in submitting the detailed representation enclosing thereto the necessary material available with it to vouch for the remittances made, it is open to the respondents to proceed further in the matter from the stage where it stands today. With this, the writ petition stands disposed of. No order as to costs. __________________________ (Nooty Ramamohana Rao, J) 21st April, 2008. Note:- Issue CC in three days. B/o IBL To 1 The Employees Provident Fund Appellate Tribunal, 7th Floor, Skylark Building, Nehru Place, New Delhi- 110 019. 2 The Regional Provident Fund Commissioner-II, Sub-Regional Office, Nizamabad of Employees Provident Fund Organisation, (Ministry of Labour, Govt. of India), Sub-Regional Office, Nyalkal Road, Nizamabad, A.P. 3 The Assistant P.F. Commissioner and Recovery Officer, Sub-Regional Office, Nizamabad of Employees Provident Fund Organisation, (Ministry of Labour, Govt. of India), Sub- Regional Office, Nyalkal Road, Nizamabad, A.P. 4 Two CD Copies