IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23098 of 2008 Between: The Andhra Pradesh Power Generation Corporation Limited, Chief Engineer, Electricity O & M LSHES, Mothugudem, 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 Organization, Bhavishya Nidhi Bhawan, (Ministry of Labour, GOI) 14, Bhikaji Cama Place, New Delhi. 2 Employees Provident Fund Organization, Rep. by its Regional Provident Fund Commissioner, Bharakatpura, Hyderabad. 3 The Assistant Provident Fund Commissioner, Sub Regional Officer, Warangal. 4 Government of India, Rep. by its Secretary Ministry of Labour & Employment Shrama Shakti Bhavan, New Delhi. .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of Mandmaus declaring the proceedings No. AP/SRO/WGL/PDCELL/42548/08-09 dt. 25-09-2008 passed by the 3rd Respondent as bad illegal, arbitrary unjust and against the principles of natural justice to set aside both proceedings No. AP/SRO/WGL/PDCELL/42548/08-09 dt. 25-09-2008 passed by the 3rd Respondent and pass such other and further order or orders 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 HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY W.P.No.23098 of 2008 ORDER: Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents. 2. The petitioner questions the order dated 25-09-2008 passed by the third 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. _______________________ B.SESHASAYANA REDDY,J 22-10-2008 Stp