IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25404 of 2008 Between: The Andhra Pradesh Power Generation Corporation Limited, Chief Engineer/Construction, KTPP, Chelpur, Warangal, Rep. by its Law Oﬃcer, Sri.P.S.Bhargava S/o. Late Sridhar Rao. ..... PETITIONER AND The Assistant Provident Fund Commissioner, Sub-Regional Office, Warangal. .....RESPONDENT 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings No. AP/WGL/Circle: 81/Damages/AP/50923/CA/137, dated 08.09.2008 passed by the respondent as bad, illegal, arbitrary, unjust and against the principles of natural justice to set aside the above Proceedings and pass. Counsel for the Petitioner: MR. K.CHIDAMBARAM (SC FOR AP GENCO) 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 GOPALA KRISHNA TAMADA WRIT PETITION NO.25404 of 2008 ORDER: 1 Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent. 2 Petitioner questions the Proceedings No.AP/WGL/Circle: 81/Damages/AP/50923/CA/137, dated 08.09.2008 passed by the respondent under Section 14-B and 7-Q of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short ‘the Act’). 3 Admittedly, against the impugned order, an appeal lies to the Appellate Tribunal under Section 7-1 of the Act. 4 Having regard to the facts and circumstances of the case, the petitioner is 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, and if any such appeal is ﬁled, there shall be stay of recovery of the demanded amount in question, subject to the condition that the petitioner deposits half of the demanded amount, within a period of five weeks from today. 5 With the above observations, the Writ Petition is disposed of. No order as to costs. ----------------- SRI TGK, J. 20.11.2008 C.C. Tomorrow B/o kvsn