IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 9129 of 2008 Between: The Punganur Municipality, Punganur, Rep by its Commissioenr Sri.B.Dev Singh, S/o. B.Limba, aged 32 years, R/o. Punganur, Chittoor District. ..... PETITIONER AND 1. The Asst. Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, 1/30, R.S. Road, Kadapa-516004. 2. The Enforcement Officer, District P.F.Office, Peddakapu Street,Tirupati. 3. The Branch Manager, State Bank of Mysore, Eastpet Branch, Punganur, 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 order AP/50170/SRO/CDP/ENF/CTR/2006/1542, DATED 09.10.2006 demanding for an amount of Rs. 14,29,624/- (Fourteen Lakhs, twenty nine thousand and six hundred and twenty four rupees only) from the petitioner Municipality towards alleged arrears due amount under EPF & MP Act, 1952 for the period 04/2001 to 05/2006 even though the coverage intimation and allotment of Code No.50170 was given by the 1st respondent in January, 2006 as illegal, arbitrary, unjust and without jurisdiction by setting a side the same and consequently directing the 1st respondent not to insist the petitioner Municipality for the said alleged arrears. Counsel for the Petitioner:MR.S.I.NEWTON Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.9192 OF 2008 ORAL ORDER: This writ petition has been instituted seeking a writ of Mandamus declaring the action of the 1st respondent in issuing Order AP/50170/SRO/CDP/ENF/CTR/2006/1542, dated 09-10- 2006 demanding for an amount of Rs.14,29,624/- from the petitioner Municipality towards alleged arrears amount due under EPF&MP Act, 1952 for the period 04/2001 to 05/2006 even though the coverage intimating and allotment of Code No.50170 was given by the 1st respondent in January, 2006, as illegal. Heard Sri S.I. Newton learned Standing Counsel for the petitioner – Municipality and Sri R.N. Reddy learned Standing Counsel for the Employees Provident Fund Organisation and with their consent the writ petition is taken up for disposal at the stage of admission. By order dated 26-03-2008, the Assistant Provident Commissioner and Authorised Officer under the Employees Provident Fund and Miscellaneous Provisions Act, 1952, attached the bank account of the writ petitioner Municipality as a measure of realizing the dues in a sum of Rs.14-29 lakhs, which has been assessed through Proceedings dated 09-10-2006. The petitioner is entitled to prefer an appeal against the assessment order if it is aggrieved by the same, but however, before it avails the appellate remedy, order attaching the bank account has been passed on 26-03- 2008. Subject to the condition that the petitioner deposits a sum of Rs.2-00 lakhs on or before 30-06-2008 with the Employees Provident Fund Organisation, the orders of attachment dated 26-03-2008, shall not be given effect to and if they were already given effect to, they may be raised. If the petitioner commits default in making the deposit on or before 30-06-2008, the order of attachment dated 26-03-2008 will spring into operation with effect from 01-07-2008. With this, the writ petition is disposed of leaving it open to the petitioner to avail the remedy of appeal to the Employees Provident Fund Appellate Tribunal. No costs. -------------------------------- Nooty Ramamohana Rao, J mrk 24th April 2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}