IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.8875 of 2008 Between: M/s. Saibaba Beedi Works, Azad Road, Bhongir, Nalgonda District, rep. by Sri. K.Madhusudhan, S/o. K.Narsaiah, aged 55 years, R/o. Bhongir. ..... PETITIONER AND 1 Employees’ Provident Fund Organization, rep. by its Assistant Provident Fund Commissioner (Compliance), Regional Office, Barkatpura, Hyderabad - 500 027. 2 Employees Provident Fund Organization, rep. by its Enforcement Officer, District Office 5-4-65, Clock Tower Circle, Nalgonda - 508 001. .....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 call for the records from the respondents and issue an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus, declaring that the order passed by the 1st respondent in proceedings No.AP/47923/RO/HYD/ENF/C-II/T-6/2008/16, dated 8.4.2008, confirming the ex parte order passed in proceedings No. AP/47923 (BN. No.1330170001), dated 11.10.2007, as illegal, unjust, contrary to law, arbitrary, in violation of principles of natural justice and violative of Articles 14, 16 and 21 of the Constitution of India; and grant all consequential benefits. Counsel for the Petitioner: MR.A.K.JAYAPRAKASH RAO 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.8875 of 2008 ORDER: Heard Sri R.N. Reddy, learned Standing Counsel for Employees’ Provident Fund Organization appearing on behalf of the respondents, and, with his consent, the writ petition is disposed of at this stage. The petitioner, being the employer, calls in question the correctness of the order passed on 08.04.2008 by the Assistant Provident Fund Commissioner of the Employees’ Provident Fund Organization, rejecting the application submitted by the petitioner in terms of Section 7A (4) of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (for short ‘the Act’). The petitioner complains that it was effectively denied the right to contest the correctness of the findings recorded against it and, if only an opportunity is provided to it, it would have demonstrated to the satisfaction of the respondents that it is not liable to suffer the liability as computed by the Assistant Provident Fund Commissioner (Enforcement) of the Employees’ Provident Fund Organization, through his proceedings dated 11.10.2007. But however, since the petitioner, prima facie, has been found guilty of not complying with the provisions of the Act, it is only appropriate that it should be allowed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only), on or before 31.05.2008, with the respondents. The petitioner should also follow up with a detailed representation enclosing therewith the material on which it wants to place reliance, so that the respondents will give it an opportunity to participate in the enquiry and consider the material, which it produces for the purpose of demonstrating its bona fides. Till such time, the respondents will not take any precipitate measures. If the petitioner commits any default in making the payment of Rs.1,00,000/- (Rupees One Lakh only) or fails to submit the representation demonstrating as to how it is not liable to pay the amount determined, the respondents are at liberty to proceed further in the matter without any reference to this Court. With this, the writ petition stands disposed of. No order as to costs. __________________________ (Nooty Ramamohana Rao, J) 22nd April, 2008. IBL To 1 The Assistant Provident Fund Commissioner (Compliance), Employees’ Provident Fund Organization, Regional Office, Barkatpura, Hyderabad - 500 027. 2 The Enforcement Officer, Employees’ Provident Fund Organization, District Office 5-4-65, Clock Tower Circle, Nalgonda - 508 001. 3 Two CD Copies