IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11910 of 2008 Between: 1 M/s. Kotsum Chemicals Limited Hyderabad Rep by its Managing Director Kolla Singaiah Chowdary, H.No. 8-3-230/1C/08- ICRISAT Colony, Near Venkatagiri, Yousufguda, Hyderabad-500045. 2 Kolla Singaiah Chowdary, S/o.Kotaiah, H.No.8-3-230/1C/08- ICRISAT Colony, Near Venkatagiri, Yousufguda, Hyderabad. ..... PETITIONERS AND 1 The Assistant Provident Commissioner (Recovery) Employees Provident Fund Orgainsation, Ministry of Labour, Government of India, Sub-Regional Office, 12-1, Susheeram Comploex, Patancheru, Medak District - 502 319. 2 The Andhra Pradesh State Co-operative Bank Limited, Rep by its Managing Director, Troop Bazaar, Hyderabad. 3 Raj Kumar Batchu, S/o. Jagadeshwaraiah, R/o. H.No. 4-5-175 Pawn Bazaar, Secunderabad - 500 003. 4 M/s. Sujit Laboratories Limited, Rep by its Managing Director, Venkatesh Batchu, Office at H.No. 45 Chandulal, Bowli, Sikh Village, Secunderabad. .....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 appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling for records in the impugned orders dated 22-05-2008 in No. AP/32719/SRO/PTC/ENF (Recy) 2008 dated 08-5-2008 on the file of the 1st Respondent and quash the same declaring that the impugned orders were issued by the 1st respondent illegally arbitrarily and against the provisions and principles of law and pass Counsel for the Petitioners: MR.D.V.REDDY Counsel for Respondents: Mr.R.N.Reddy (Sc For Employ's Pf Org.) The Court made the following : ORAL ORDER: This writ petition is filed to issue appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorai calling for records in the impugned orders in NO.AP/32719/SRO/PTC/ENF (Irecy) 2008, dated 08.05.2008 on the file of the first respondent and to quash the same. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents and at their request only the main writ petition itself is taken up for disposal. The petitioners questions the order dated 8.05.2008 passed by the first respondent under Section 8C(2) of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (for short ‘the Act’). Admittedly, against the impugned order, there is an affective alternative remedy of appeal lies to the appellate Tribunal under Section 7-1 of the Act. Having regard to the facts and circumstances of the case, the petitioners are permitted to file an appeal before the appropriate Tribunal against the impugned order, within a period of four weeks from the date of receipt of a copy of this order. In view of the fact that half of the demand amount has already been recovered from the petitioner, there shall be stay of recovery of the remaining demand amount till the disposal of the appeal. With the above observations, the Writ Petition is disposed of. No costs. ________________ (N.V.RAMANA, J.) 4th March, 2009 Js.