THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.393 OF 2011 BETWEEN: M/s. Hindustan Shipyard Limited, Gandhigram, Visakhapatnam, Rep. by its Chairman and Managing Director. PETITIONER And The Regional Provident Fund Commissioner-II & OIC Sub-Regional Office, Visakhapatnam. RESPONDENT Counsel for the petitioner: Sri S.V. Bhatt Counsel for the respondents. Sri R.N. Reddy The Court made the following. ORDER: Admittedly the order impugned in the writ petition is amenable to appeal jurisdiction as provided under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act 1952. The said appeal is an effective alternative remedy provided against the impugned demand. The learned counsel for the petitioner, however, submits that even though the limitation for filing the appeal as per Rule 7 (2) of the Employees Provident Fund Appellate Tribunal (procedure) Rules 1997 is 60 days from the date of issuance of notification/order, the conditions stipulated in the impugned order to the effect that the amount demanded should be paid within 15 days after receipt of the order failing which action would be initiated under Section 8 of the Act to recover the said amount, the petitioner despite having sufficient time to invoke the appeal remedy would suffer if the said condition is enforced even within the limitation period. It is indisputable that in the event of an effective alternative remedy available in any statute writ petition shall not ordinarily be entertained. There are no exceptional circumstances to entertain this writ petition bypassing the said alternative remedy. In the circumstances, this writ petition cannot be entertained. In as much as the petitioner apprehends enforcement of order before it approaches and obtains appropriate orders in the appeal, it is clarified that no coercive steps be taken pursuant to the impugned order till the filing of the appeal. Subject to the above direction, the writ petition is dismissed. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 19th January, 2011 Js. Note: Operative portion by wire at party’s cost.