IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO: 15513 of 2004 Between: Aware (Action for Welfare and Awakening in Rural Environment) 5-9-24/78, Lake Hill road, Hyderabad rep by Director (Admn) Mr. P.V. Ramana (GPA Holder) ... PETITIONER AND Assistant Provident Fund Commissioner (Endorecement) Andhra Pradesh Hyderabad, O/o The Provident Fund Commissioner Barkatpura, Hyderabad & (The Authority Under Section 7-A of the Employees Provident Funds & Miscellaneous Provisions Act, 1952) ...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, or Direction or order more particularly one in the nature of Writ of Mandamus restraining the respondent from giving effect to the orders passed under Section 7-A of the EPF Act dated 29-7-2004 claiming an amount of 60,63, 725/- Counsel for the Petitioner: MR.S.RAVINDRANATH Counsel for the Respondent: MR.R.N.REDDY The Court at the admission stage made the following Order: ORDER: Against the order dated 29-07-2004 passed by the respondent assessing the Provident Fund payable by the petitioner under Section 7-A of the Employee’s Provident Funds and Miscellaneous Provisions Act, 1952, (for short ‘the Act’) the petitioner preferred an appeal before the Employees Provident Fund Tribunal on 27- 08-2004. As the Tribunal is not functioning, the petitioner could not obtain any stay pursuant to the demand made by the respondent. Therefore, the petitioner moved this Court by way of present Writ Petition questioning the orders passed by the second respondent under Sections 7-A and 7-B of the Act. 2. It is well settled proposition of law that when the statutory appeal filed by the petitioner is pending against the same order, the Writ petition for the same relief cannot be entertained. (See 1995 (1) SCC 642). 3. Having regard to the facts and circumstances of the case, on petitioner depositing 50% of the amount so demanded, within a period of eight weeks from the date of receipt of a copy of this order, all further steps pursuant to the impugned order are stayed pending disposal of the appeal. On such depositing, the appellate authority shall proceed with the same without insisting for deposit of 75% of the amount. The amount so deposited shall be subject to the result of the appeal filed by the petitioner. Subject to the above observations, the Writ Petition is disposed of. No costs. ____________________ A. GOPAL REDDY, J August 31, 2004 MRR/MURTHY To: 1. Assistant Provident Fund Commissioner (Enforcement) Andhra Pradesh Hyderabad, O/o The Provident Fund Commissioner Barkatpura, Hyderabad & (The Authority Under Section 7-A of the Employees Provident Funds & Miscellaneous Provisions Act, 1952). 2 Two C.D. Copies.