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 : 13649 of 2009 Between: The Andhra Pradesh Power Generation Corporation Limited, Superintending Engineer, O & M/GTPS, Vijjeswaram, Rep. by its Law Officer, Sri P.S. Bhargava, S/o. Late Sridhar Rao. ..... PETITIONER AND 1 The Chairman, Central Board of Trustees, Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan, (Ministry of Labour, GOI), 14, Bhikaji Cama Place, NEW DELHI - 110 066. 2 Employees Provident Fund Organisation, Rep. by its Regional Provident Fund Commissioner, Bharakatpura, Hyderabad. 3 The Assistant Provident Fund Commissioner, Sub Regional Office, Rajahmundry. 4 Government of India, Rep. byits Secretary, Ministry of Labour & Employment, Shrama Shakti Bhavan, NEW DELHI. .....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 a writ of mandamus or any other appropriate writ, order or direction declaring the proceedings No.AP/RJY/Circle:76/Damages?AP/42907/CA/3001 dt.22.05.2009 passed by the 3rd respondent as bad, illegal, arbitrary, unjust and against the principles of natural justice and consequently to set aside the said proceedings and pass such other order or orders. Counsel for the Petitioner:MR.K.CHIDAMBARAM(SC FOR AP GENCO) Counsel for the Respondent No.: MR.R.N.REDDY The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 13649 of 2009 O R D E R : Heard both sides. Since a statutory appeal is available under Section 7-I of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 against the impugned order dated 22.05.2009, the writ petition is disposed of permitting the petitioner to work out the alternative remedy of appeal. However, having regard to the facts and circumstances of the case, the impugned notice shall remain suspended for a period of six weeks from today subject to the condition that the petitioner deposits half of the demand under the impugned notice within four weeks from today. No costs. ______________ G. ROHINI, J Dated: 10-07-2009 Note: Issue C.C. by tomorrow. B/o KLP