THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.12905 OF 2011 Date: 28.04.2011 Between: Sree Nataraj Theatre ..... PETITIONER AND The Regional Provident Fund Commissioner-II and others .....RESPONDENTS The Court made the following:- THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 12905 OF 2011 O R D E R : This writ petition is filed seeking a declaration that the proceedings of the 1st respondent dated 19.08.2010 levying penal damages under Section 14-B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’) as well as the consequential recovery certificate dated 12.04.2011 issued by the 2nd respondent, is arbitrary and illegal. When the writ petition came for admission, Sri R.N.Reddy, who accepted notice for the 1st respondent, at the outset raised an objection as to the maintainability of the writ petition on the ground that against the impugned order, an alternative remedy of appeal is available under Section 7-I of the Act. Learned counsel for the petitioner could not dispute the fact that an appeal lies under Section 7-I of the Act against the impugned order. Without exhausting such an alternative remedy available under the Act, the petitioner cannot straightaway invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Hence, I am not inclined to entertain this writ petition. The Writ Petition is disposed of permitting the petitioner to prefer an appeal before the Tribunal under Section 7-I of the Act within a period of four weeks from today. If any such appeal is preferred within the time fixed above, the same shall be entertained and appropriate orders be passed in accordance with law. Pending the appeal, there shall be interim suspension of the impugned proceedings dated 19.08.2010 as well as the consequential demand notice provided 50% of the amount demanded is deposited within a period of four weeks from today. No costs. ​ ____________ G. ROHINI, J Date: 28.04.2011 Note: Issue CC in two days (B/o) Ivd