IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6043 of 2008 Between: M/s. Pedda Thumbalam Large Sized Coop. Credit Society, Pedda Thumbalam, Adoni Mandal, Kurnool District,Rep. by its Secretary. ..... PETITIONER AND Assistant Provident Fund Commissioner, Employees Provident Fund Organization, (Government of India Ministry of Labour) Sub-Regional Office, 1/30 R.S. Road, Cuddapah- 516 004 .....RESPONDENT 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 directions more particularly one in the nature of writ of Certiorari or any other appropriate writ, call for the records quash the impugned proceedings No. AP/29687/SRO/CP/PD Cell/KNL/2008/871 dt. 18-2-2008 issued by the Respondent, and pass Counsel for the Petitioner:MR.MUDDU VIJAY Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6043 of 2008 ORDER: 1. The present Writ Petition has been instituted seeking writ of certiorari to quash an order passed by the Assistant Provident Fund Commissioner, in terms of Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 demanding for payment of arrears as well as interest in terms of Section 7Q of the aforementioned Act. 2. Against any such determination undertaken under Section 14B of the said Act, an appeal in terms of Section 7-I lies to the Tribunal constituted. Without exhausting such an effective alternative remedy, the present writ petition could not have been instituted. 3. Therefore, the writ petition is dismissed at the admission stage itself to enable the petitioner to pursue the alternative remedy. Registry, therefore, is directed to return the original copy of the impugned order, dated 18-2-2008 to the learned counsel for the petitioner, so that the same will have to be presented before the appellate authority. If the petitioner deposits 50% of the demanded amount through impugned order, dated 18-2-2008, no further steps be taken pending disposal of the appeal by the appellate Tribunal. Time granted to the petitioner to approach the Appellate Tribunal is four weeks from today. No order as to costs. ________________________________ Justice Nooty Ramamohana Rao 24th March, 2008 KM THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6043 of 2008 24th March, 2008.