IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 9650 of 2008 Between: M/s. Seelam Rama Laxmi Suryam, Educational Society, ( Margadarshi Junior College ), Laxmi Devi Pally, Kothagudem Khammam Dist., rep. by its Correspondent Mr.A.Venkateswarlu, S/o. Late Sri. A.Ramaiah, Age: 45 years, Occ: Service, R/o. Kothagudem, Khammam District. ..... PETITIONER AND 1 Employees Provident Fund Organisation, Thro' its Asst. Provident Fund Commissioner, (PD ), Sub- Regional Office, H.No. 24-7-207/15, REC( NIT) Petrol Pump, Kazxipet, Warangal Dist. 2 Enforcement Officer, O/o. Employees Provident Fund Organisation, Sub- Regional Office, H.No. 24-7-207/15, REC( NIT) Petrol Pump, Kazxipet, Warangal Dist. .....RESPONDENT(S) 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 notice, call for record, quash the proceedings No.AP/SRO/WGL/AP/36165/PDCELL/269, dated 31-10-2007, passed by the 1st respondent i.e. refuse to set-aside the exparty order in Proceedings No.AP/SRO/WGL/PDCELL/36165/07-08/112, dated 6/6/2007 thor' ehich determined a sum of Rs. 2,63,231/- towards damage under Section 14B of the EPF and MP Act for the alleged belated payment of contribution for the period from November, 1999 to September, 2006 and enforcing the demand by taking coercive steps against petitioner and confirmed the exparty order dated 6/6/2007 etc., as the same is highly arbitrary, unjust and illegal, violative of Section 7-A(4) of the EPF and MP Act, Article 300-A of Constitution of India apart from being violative of the Principal of Natural Justice by issuance of a writ of Certiorari or any other appropriate writ or direction while directing the Respondents to provide opportunity to the Petitioner and to determine the disputed claim and to pass Counsel for the Petitioner:MR.CH.RAMESH BABU Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO W.P.No.9650 of 2008 ORDER: Heard Sri R. N. Reddy, the learned standing counsel for E.P.F. Organization and with his consent, this order is passed. This writ petition is directed against the order passed by the Assistant Provident Fund Commissioner, Sub Regional office of the Employees Provident Fund Organization at Warangal on 31-10-2003 declining to reopen and provide an opportunity to participate in the enquiry which was concluded exparte for want of representation on behalf of the petitioner-employer. The learned counsel for the petitioner made a strenuous attempt to demonstrate that on both the occasions by sheer misfortune the petitioner and his representative could not be present and he has been set exparte and without considering his pleadings in that behalf the impugned order has been passed on 31-10-2007 virtually closing the doors for participation of the petitioner. Since the liability, as of now, that arose against the petitioner employer was standing to the tune of Rs.2.4 lakhs, the learned counsel for the petitioner suggested that the writ petitioner will deposit a sum of Rs.75,000/- on or before 15-06-2008 and that he will also submit a detailed representation enclosing the necessary material thereto and that he also assures that if an opportunity is provided by the respondents, he will participate in the enquiry and demonstrate his defence to the claim made. Conceding the request of the petitioner, if the petitioner deposits a sum of Rs.75,000/- on or before 15-06-2008, and also submits a detailed representation in the matter enclosing the necessary material thereto by 15- 06-2008, the respondents shall not proceed in any manner against the petitioner. In case of default committed by the petitioner, it is always open to the respondents to proceed against the petitioner in the matter. With this, the writ petition stands disposed of. No order as to costs. _________________________________ NOOTY RAMAMAMOHANA RAO,J Date:29-04-2008 Note: C.C. in three days. B/0. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}