THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.28235 of 2007 DATE: 4th February, 2008 Between :- M/s.Rayalaseema Jute Mills Limited, 190-Ramapuram, Gudipala Mandal, Off: 8-20, Gandhi Road, rep. by its Managing Director, T.Sreedhar Gupta .. Petitioner And The Assistant provident Fund Commissioner and Authorised Officer under the Employees Provident Funds and Miscellaneous provisions Act, 1952, Employees Provident Fund Organization, Sub-Regional Office, 1/30, Railway Station Road, Kadapa and 2 others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.28235 of 2007 ORDER:- Heard the Counsel on record. 2. This Court ordered Notice Before Admission on 28- 12-2007. 3. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents herein in not taking any action on the representations dt.9-2-2007 and 12-7-2007 submitted by the petitioner as illegal, arbitrary, unreasonable and violative of Article 14 of the Constitution of India and consequently direct the respondents herein to take appropriate action on the representations dated 9-2- 2007 and 12-7-2007 submitted by the petitioner and pass such other suitable orders. 4. Several facts had been narrated in the affidavit filed in support of the Writ Petition. 5. Sri R.N.Reddy had placed before this Court the letter dt.8-10-2007 said to have been addressed by the Employees provident Fund Organisation to Sri T.Sridhar Gupta, Managing Director, M/s.Rayalaseema Jute Mills, Administrative Office, 8-20, Gandhi Road, Chittoor. The said letter reads as hereunder:- “After examination of records pertaining to your establishment, it is noticed that a sum of Rs.1,38,110/- had been remitted short by your establishment up to the year 1998-99. An enquiry under Section 7-A had been conducted and Order No.AP/25801/SRO/CDF/Enf/CTR/07 dated 24-4-2007 had been issued directing the employer to pay the said amount. Apart from that, it is seen that your establishment had defaulted in payment of P.F. dues for the period 3/1998 to 3/2003 also and an enquiry under Section 7A had been conducted for determination of dues payable by your establishment for the said period. An order No.AP/CP/25081/Enf/CTR/CDP/SRO/2003/04/4173 dated 31-3-2004 had been passed under Section 7A determining an amount of Rs.4,31,715/- for the said period. Whereas, vide your letter dt.12-7-2007 addressed to the P.F. Commissioner, Hyderabad, you have claimed that you have paid an amount of Rs.7,27,421-85 ps. as excess and demanded to repay the said amount. In this connection, to reconcile all the dues payable by your establishment and the remittances made by your establishment thoroughly, you are requested to depute an authorised representative to our office within 15 days of receipt of this letter. Failing which, it will be deemed that the details of default mentioned aforesaid are correct and further action will be taken to recover the said amounts.” It is pertinent to note that in the last portion of the letter, it is specified that whereas, vide your letter dt.12-7-2007 addressed to the P.F. Commissioner, Hyderabad, you have claimed that you have paid an amount of Rs.7,27,421-85 ps. as excess and demanded to repay the said amount. In this connection, to reconcile all the dues payable by your establishment and the remittances made by your establishment thoroughly, you are requested to depute an authorised representative to our office within 15 days of receipt of this letter. Failing which, it will be deemed that the details of default mentioned aforesaid are correct and further action will be taken to recover the said amounts. 6. It is brought to the notice of the Court that the writ petitioner had not received the said letter. In the light of the respective stands taken by the parties, let the writ petitioner produce the records either personally or through authorised agent, within a period of four weeks from the date of receipt of a copy of this order, before the 1st respondent and let the 1st respondent verify such records which may be produced by the writ petitioner and pass appropriate orders in this regard. Till such time, no coercive proceedings to be taken. 7. The Writ Petition is disposed of accordingly. No order as to costs. _________________ Justice P.S.Narayana 4th February, 2008 smr