HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.29755 of 2011 Dt:- 23.12.2011 Between:- Central Power Distribution Company of Andhra Pradesh Limited, Rep. by the Divisional Electrical Engineer. … Petitioner and Employees Provident Fund Organisation … Respondent This Court made the following:- HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.29755 of 2011 ORDER: - Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. The order impugned in this writ petition is the one passed on 30.08.2011, by the Assistant Provident Fund Commissioner, Kadapa, under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short, “the Act”). By the aforesaid order, petitioner was called upon to pay the amount determined in the said order within 15 days and further liability of interest at 12% per annum from the date specified was also indicated in the order. Petitioner questioned the said order on various grounds on merits in this writ petition including the ground that the appellate Tribunal was not functioning at the time of filing the writ petition. In view of that the writ petition was entertained by this Court and following order was passed on 09.11.2011, which is as follows: “Sri R.N.Reddy takes notice to the respondent. Against the impugned order appeal lies to the Appellate Tribunal under Section 7-I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. However, since the appellate Tribunal is said to be not functioning, it is necessary to entertain this writ petition. Hence, notice before admission. Pending further orders, there shall be interim stay subject to the condition of the petitioner depositing 50% of the amount demanded, within a period of four weeks from today. Post after six weeks in motion list.” Today when the matter has come up for further hearing, it is brought to the notice of the Court that the appellate Tribunal is now functioning and there is no impediment for the petitioner to approach the appellate Tribunal against the impugned order and agitate all his contentions in the statutory appeal provided against the said order. Since petitioner has reportedly complied with the order as above, it is appropriate to relegate the petitioner to appellate remedy. In view of that, the Writ Petition is disposed of with the following directions: 1. The petitioner shall be at liberty to approach the appellate Tribunal under the Act by filing an appeal along with application for stay against the impugned order within two weeks from today. 2. If such appeal is filed, the appellate Tribunal shall entertain the same without raising any objection as to limitation. 3. Till the appellate Tribunal considers and passes appropriate orders on the appeal/application for stay, the interim stay granted by this Court, dated 09.11.2011, extracted as above, shall continue to remain in force. 4. The appellate Tribunal shall be free to pass appropriate order as it deem fit. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR, J 23.12.2011 Note: Issue C.C. by Monday. {B/o} lmv HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.29755 of 2011 23.12.2011 lmv