IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.25128 of 2008 Between: D. Viswanathappa s/o late Sivamurthappa, H.No.1-5-158, Gajgargally, Bodhan, Nizamabad District. ... PETITIONER AND 1. The Asst. PF Commissioner/Authorized Officer, Employees Provident Fund Organization, Nizamabad. 2. The Asst. PF Commissioner & Recovery Officer, Employees Provident Fund Organization, Nizamabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court may be pleased to issue any writ, order or direction particularly a writ in the nature of mandamus directing the respondents to drop all proceedings in the subject matter of the notices bearing Nos. AP/SRO/NZB/47125/AG.I/2006/ 958/6829, dated 24-10-2006, AP/SRO/NZB/Recovery/47127/2008, dated 18-07-2008 and AP/SRO/NZB/47127/AG.I/3A 16A/08/214, dated 07-10-2008 on the respondents by declaring the action of the respondents as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and also the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 and to pass such other relief or reliefs. Counsel for the Petitioner : Mr. B. M.PATRO Counsel for the Respondents : Mr. R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following: ORDER: According to the petitioner, he supplied Beedi bundles to the shops on commission basis by getting them from small- scale manufacturers without engaging anybody. The second respondent served a notice on 24-10-2006 insisting upon him to submit monthly returns. As no returns were submitted the second respondent served another notice on 25-02-2008 directing him to pay employees provident fund to the respondent Corporation. In reply to the said notice dated 25-02-2008, he issued a registered legal notice on 26-02-2008. Despite the said explanation, according to him, another notice dated 18-07-2008 was issued stating that he is a defaulter to a tune of Rs.50,571/- to the department and as such, why penal action shall not be initiated against him and further directed him to appear before the second respondent on 28-08-2008. Accordingly, he attended and offered his explanation on 27-08-2008 and got issued another registered legal notice on 12-09-2008 to the respondents. The second respondent again served a notice dated 07-10-2008 insisting upon him to submit monthly returns duly remitting the amount due before 15th of every month, with a threat to take criminal action. The said notice dated 07-10-2008 is impugned in this writ petition. 2. Heard learned counsel for the petitioner and learned standing counsel for Employees Provident Fund Organization. 3. As the stand of the petitioner is that he is not an employer and the question of his payment and coverage under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’) have no application to him, the petitioner is hereby directed to give a comprehensive reply on his own detailing as to how he does not come under the provisions of the said Act within a period of two weeks from today and on receipt of the same, the respondents shall pass a detailed order within four weeks thereafter. If an enquiry is required, the respondents may issue notice to the petitioner and conduct a detailed enquiry on a particular day as to whether the petitioner comes under the provisions of the Act or not. It is needless to observe that no criminal action need be initiated till such time. 4. With the above directions, the writ petition is disposed of at the stage of admission itself. _______________________________ JUSTICE GOPALAKRISHNA TAMADA November 18, 2008 Note: Issue CC in two days. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Asst. PF Commissioner/Authorized Officer, Employees Provident Fund Organization, Nizamabad. 2. The Asst. PF Commissioner & Recovery Officer, Employees Provident Fund Organization, Nizamabad. 3. Two CCs to 4. Two CD copies Form-NIC-OGS/WP{KURR}