IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1911 of 2009 Between: Maharaja Alak Narayana Society of Arts & Science Trust, represented by Assistant Commissioner cum Executive Officer, Fort, Vizianagaram. ..... PETITIONER AND 1 The Assistant Provident Fund Commissioner Employee Provident Fund Organization, Sub Regional Office, NAD Post, Visakhapatnam (Dist). 2 The Regional Provident Fund Commissioner Sub Regional Office, NAD Post, Visakhapatnam (Dist). ....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 any appropriate writ, order or direction more especially one in the nature of Writ of Mandamus declaring the proceedings No.AP/SRO/PD/Cell/Circle-56/AP/1769/2008/2886 dt. 7/16-1-2009 issued by the 1st respondent as illegal, ultravires opposed to the provisions of the Act 19/1952, arbitrary and Principles of Natural justice and pass such other and further order or orders. Counsel for the Petitioner:MR.M.ADINARAYANA RAJU Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : ORDER: This writ petition is filed by the petitioner challenging the impugned order dated 7/16-1-2009 issued by the 1st respondent – Provident Fund Commissioner regarding payment of damages with interest for the period from 11/90 to 3/2002. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Organisation. Admittedly, as against the impugned order passed by the 1st respondent, the petitioner has an effective and efficacious alternative remedy of filing an appeal under Section 7(1) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Hence, the petitioner is directed to file an appeal against the impugned order within a period of four weeks from today. Pending appeal, there shall be stay of all further proceedings pursuant to the impugned order dated 16.1.2009 on condition of the petitioner depositing 50% of the demanded amount within a period of six weeks from today. With the above direction, the writ petition is disposed of. N.V.RAMANA,J DT.3.3.2009 msv