IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2609 of 2008 Between: Maharaja Alak Narayana Society of Arts & Science Trust represented by Asst.Commissioner cum Executive Officer Fort, Vizianagaram. ..... PETITIONER AND 1 The Asst.Provident Fund Commissioner Employees Provident Fund Organization Sub Regional Office, NAD Post, Visakhapatnam (Dist.) 2 The Regional Provident Fund Commissioner, Sub-Regional Office, NAD Post, Visakhapatnam (dist.) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue rule nisi calling for the records leading upto and inclusive of the proceedings dt.12-06-2002 and February 2004 to issue any appropriate writ, order direction more especially one in the nature of writ of MANDAMUS declaring the order dt.12.06.2002 of the 1st respondent in his proceedings no.A/BRO/VSP/3254 and subsequently collection of amounts under Section 7-A till February, 2004, as illegal, ultravires, opposed to the provisions of the Act, 19/1952, arbitrary and without jurisdiction or power and hence void and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.ADINARAYANA RAJU Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : ORDER: This writ petition is filed by the petitioner questioning the action of the 1st respondent in initiating proceedings under Sections 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short ‘the Act’) for determination of EPF, EELF and contributions for the employees of the ‘MANSAS TRUST’. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Organisation. As per the averments made in the writ petition, the petitioner Trust is exempted from the provisions of the provisions of the Act by virtue of various notifications issued by the Central Government from time to time but the 1st respondent Provident Fund Commissioner without any authority or jurisdiction has launched enquiry under Section 7-A of the Act for the period from November, 1990 to April 2002 and directed it to pay the amounts specified therein. It is stated that pursuant to the said orders, the amount demanded was paid without prejudice to its rights and contentions. Admittedly, as against the impugned order passed by the 1st respondent, the petitioner has an effective and efficacious alternative remedy of filing an appeal under Section 7(1) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Hence, the petitioner is directed to file an appeal against the impugned order within a period of four weeks from today. Pending appeal, there shall be stay of all further proceedings pursuant to the impugned order dated 12.6.2002 since the amounts have already been paid. With the above direction, the writ petition is disposed of. N.V.RAMANA,J DT.3.3.2009 msv