IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4392 of 2008 Between: Pothokatla PACS Ltd., Pothokatla, Parchur Manal, Prakasam District. Rep. by its President Kallam Veera Reddy S/o. Nagi Reddy, aged 50a yrs, R/o. Pothokatla Village, Parchur Mandal, Prakasam District. ..... PETITIONER AND 1 Employee's Provident Fund Organisation Regional Office, 3rd Lane, Krishna Nagar, Guntur, Rep. by Asst. Provident Fund Commissioner. 2 Enforcement Officer, Dist.Office, E.P.F. Organization Ravi Complex, II Nd Floor, .....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 a writ order or direction more so a writ in the nature of Mandamus by declaring the action of the respondents in initiation of prosecution proceedings through impugned notice NoAP/27751/EO/PRM/2007/194 dt.18-6-2007 are illegal, arbitrary and against the Principles of natural justice and declare the same as illegal, and unlawful without authority and may pass such other order or orders. Counsel for the Petitioner:MR.G.VASANTHA RAYUDU Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : ORDER This writ petition has been filed by Pothukatla Primary Agricultural Cooperative Society Limited, Pothukatla, Parchur Mandal with a prayer to issue Writ, Order or Direction more so a writ in the nature of Mandamus declaring the action of the respondents in initiating prosecution proceedings through impugned notice No.AP/27751/EO/PRM/2007/194, dated 18-06- 2007 as illegal and arbitrary. Kallam Veera Reddy has sworn to the affidavit. It is stated in the writ affidavit that he got elected as President of the petitioner- Society and assumed the office on 27.5.2006. After assuming the office as President of the Society, an amount of Rs.5,600/- was paid on 21.02.2007 towards P.F. contribution for 4 months commencing from 1.4.2006 to 31.07.2006 as per G.O.Ms.No.247 F & A and Cooperation, and as per the records of the society, still an amount of Rs.16,188/- has to be paid towards EPF Contribution. It is stated that the petitioner society does not come under the provisions of EPF and Miscellaneous Provisions Act, 1952 (for short ‘the Act’) and the schemes framed thereunder. But the previous management of the petitioner society out of ignorance did not object for application of the provisions of the Act. The petitioner-society submitted a representation contending that the society does not come under the provisions of the Act, and the said representation is pending consideration. Hence, this writ petition. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents. Learned counsel for the petitioner submits that the petitioner-society does not come under the provisions of the Act and therefore, there is no need of paying any amount towards EPF contribution. Without going into the merits of the case, I deem it appropriate to dispose of the writ petition with a direction to the respondents to consider the representation of the petitioner-society and pass appropriate orders in accordance with law. Writ petition is, accordingly, disposed of. No costs. _________ 04-07-2008 rkk