HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12537 OF 2008 Date: 15th July 2010 Between: Andhra Pradesh Heavy Machinery & Engineering Limited, Kondapalli, rep. by its Authorised Signatory and Managing Director. … Petitioner And The Employees Provident Funds Organisation, Guntur, rep. by its Regional Provident Fund Commissioner-II & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12537 OF 2008 ORDER: In this writ petition, the petitioner-Company has questioned the proceedings, dated 13.05.2008, issued by the 1st respondent-Regional Provident Fund Commissioner-II, Guntur, in Proceedings No.AP/RO/GNT/Comp- III/5864/Exempt/7A/Order/2008/650, under Section 7-A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act’). By the aforesaid order, the 1st respondent-Regional Provident Fund Commissioner, in exercise of powers under Section 7-A of the Act, has determined an amount of Rs.38,717/-, as due, from the petitioner-Company towards the provident fund dues for the period from December 2001 to November 2005. While issuing the notice before admission, this Court, by an order, dated 18.06.2008, granted interim directions on condition of depositing half of the demanded amount. It is submitted by the learned counsel for petitioner and also the learned Standing Counsel appearing for the respondents that in compliance of the said orders, half of the demanded amount is already deposited. Counter affidavit is filed on behalf of the respondents, wherein, it is stated that against the impugned order, there is a remedy of appeal before the Employees’ Provident Fund Appellate Tribunal, under Section 7-I of the Act. Having perused the impugned order, I am also of the view that it is desirable that the matter be examined by the appellate authority. In that view of the matter, without going into merits of the impugned order, I permit the petitioner-Company to file an appeal within a period of six weeks from today, before the Appellate Tribunal. If such an appeal is filed, the same shall be considered and disposed of by the Tribunal in accordance with law. Till disposal of the appeal to be filed, the balance amount pursuant to the impugned order, dated 13.05.2008, shall not be collected. It is also made clear that if no appeal is preferred within the time referred above, it is open for the respondents to proceed in accordance with law, to realise the balance amount. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 15th July 2010 Note: Furnish C.C. in three days. (b/o) ajr