IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.5730 of 2009 Between: The Tirupathi Municipal Corporation, rep.by its Commissioner, Tirupathi, Chittoor District ..... PETITIONER AND 1 The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub-regional office 1/30, R.S.Road,Kadapa-516004(A) 2 The Enforcement Officer, Dist.P.F.Office Peddakapu street Tirupathi, Chittoor District 3 The Branch Manager, STate Bank of India., Main Branch Tirupathi, Chittoor District .....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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in issuing the order No.AP/50167/ENF/CTR/SRO/KDP/2009 dated 27.2.2009 to the Branch Manager, State Bank of India (Main), Tirupathi attaching the petitioner Municipal Corporation Bank Account for an amount of Rs.28,40,960 (Rupees Twenty Eight Lakhs Forty Thousand and Nine Hundred sixty only) towards EPF amounts for the labour engaged for sanitation work through contractors during the period 95/2006 to 09/2007 even without issuing any such Revised Order of demand to the petitioner corporation as illegal, arbitrary, unjust and against the principles of natural justice. Counsel for the Petitioner: MR.S.I.NEWTON Counsel for the Respondent Nos.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) Counsel for the Respondent No3.: MR.AKULA SATYANARAYANA The Court made the following : Oral order: Tirupati Municipal Corporation, represented by its Commissioner, has filed this writ petition questioning the order dated 05.12.2008, issued by respondent No.1 under Section 7-A directing them to remit the amount therein to the respective Employees Provident Fund Accounts maintained at the State Bank of India within 15 days of receipt of the same. It appears that the petitioner did not remit the amount as directed, and therefore, respondent No.1 issued order of attachment. The learned Standing Counsel for the respondents submitted that as against the order dated 05.12.2008 passed by respondent No.1 under Section 7-A of the Employees Provident Fund Act, the petitioner has a remedy of appeal under Section 7-I of the Employees Provident Fund Act before the appellate Tribunal. The learned counsel for the petitioner submitted that the petitioner has not preferred appeal, and submitted that the petitioner be granted some time to file appeal. Having heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents, I deem it appropriate to dispose of the writ petition with the following directions: The petitioner is directed to file appeal against the impugned order before the appellate Tribunal as available to him under Section 7-I of the Employees Provident Fund Act, within a period of four weeks from today. Till such time, the impugned order as also the order of attachment shall stand stayed. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 19.03.2009 Note: Furnish CC in two days B/o. va/msv