IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15982 of 2008 Between: M/s.TMT (India ) Limited, A Public Limited company having its Registered office at 5-8-113,II floor, 21st Century complex, Nampally Hyderabad, rep.by its Managing Director Sri T.G.Veera Prasad ..... PETITIONER AND 1 The Regional Provident Fund Commissioner,Employees Provident Fund Organization, Barkatpura, Hyderabad 2 The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub-Regional office 1/30,R.S.Road,Yeramukkapalli, Kadapa 3 The Recovery Officer, Employees Provident Fund Organization, office of the Recovery officer, Sub Regional Office,1/30,RS Road, Cuddapah-516004 .....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 writ order or direction more particularly one in the nature of writ of mandamus by declaring the final proceedings No.AP/5819/P.D Cell/KNL/SRO/CDP/2005/1967 dated 25.5.2005 and consequential Notice of Demand dated 4.6.2008 as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the same. Counsel for the Petitioner: MR.Y.RAMA RAO Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 15982 of 2008 O R D E R : Heard both sides. Admittedly, the order dated 25.05.2005 passed under Section 14B and 7-Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short ‘the Act’) levying penal damages and penal interest has become final. The impugned notice dated 04.06.2008 is only a consequential step calling upon the petitioner to pay the amounts due within 15 days failing which steps would be taken to realize the amounts in accordance with the provisions of Section 8(b) to 8(g) of the Act. Though the present writ petition was filed on 22.07.2008, no interim order was passed in favour of the petitioner staying the impugned notice and in the meanwhile, the respondents issued another notice dated 24.06.2009 calling upon the petitioner to show cause as to why coercive action should not be taken for recovery of the outstanding dues of penal damages under Section 14-B and interest and under Section 7-Q of the Act to a tune of Rs.23,37,682/-. The petitioner was granted 15 days time for submitting its explanation. Having regard to the fact that the order dated 25.05.2005 has become final, it is left open to the petitioner to submit its explanation within two weeks from today to the show cause notice dated 24.06.2009 in which event the respondents shall consider the same and pass orders in accordance with law. Writ petition is accordingly disposed of. No costs. ______________ G. ROHINI, J Dated: 10-07-2009 KLP