IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 9582 of 2008 Between: M/s. Sri Lakshmi Venkateswara Rice & Four Mill, By-pass Road, Mangalgiri, Guntur District,Rep. by its Managing Partnr Atyuth Srinivasa Rao, S/o. Ramachandra Rao, HIndu, Aged 46 Years, Occ: Business, R/o. Mangalagiri, Guntur District. ..... PETITIONER AND The Recovery Officer & Regional/Assistant Provident Fund Commissioner, Regional Office, Guntur. .....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 any appropriate Writ, order or direction preferably a Writ in the nature of Writ of Mandamus directing the Respondent herein to reassess the ascertain the arrears of P.F. amount payable by the petitioner by duly declaring the Notice No. AP/27501/RO/GNT/Recovery Cell/2008 dated 5-3- 2008 issued by the Respondent as arbitrary and contrary to the Principles of natural justice and pass Counsel for the Petitioner:MR.M.NAGA RAGHU Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO W.P.No.9582 of 2008 ORDER: Heard Sri R.N.Reddy, the learned standing counsel for E.P.F. Organization and with his consent this order is passed. By the proceedings dated 5th March,2008, the petitioner who is the employer, has been put on notice that in spite of determination of the arrears to the tune of Rs.94,803/- and a certificate bearing No.39/05 has been issued against him, he had not made the necessary payment. In these set of circumstances, coercive measures are sought to be taken against the petitioner. The essential grievance of the writ petitioner is that in spite of the directions issued by this court by its judgment dated 6-11-2006 in W.P.No.22923 of 2006, the respondent has not provided him a fair and reasonable opportunity to establish that he is not liable to be proceeded against, both in terms of Section 7-Q as well as Section 14-B of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. The petitioner has today agreed to deposit a sum of Rs.25,000/-. If the petitioner deposits a sum of Rs.25,000/- on or before 31st May,2008 with the respondent, no coercive steps including curtailing his liberty and freedom be taken up. It is open to the petitioner to file a detailed representation as to how he can disown the liability as primarily assessed by the E.P.F. Organization. He is also entitled to enclose such material to such representation to bring home his defence. If the petitioner fails to submit such a detailed representation before 15th June, 2008 enclosing the necessary material thereto or fails to make the deposit of Rs.25,000/- on or before 31st May,2008, the respondent is free to proceed against him from the stage where the proceedings are standing as of now without any further reference to this court. The writ petition is disposed of. No expression found will, of course be construed as an assessment of the merits of the case of the petitioner. No order as to costs. _______________________________ NOOTY RAMAMOHANA RAO,J Date:29-04-2008 Note: C.C. in three days. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}