IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 8116 of 2001 Between: District Scheduled Caste Coop., Society, Engg. Wing, Rep. Executive Engineer- Chittibabu, S/o. Seetharamaiah, Visakahaptnam. ..... PETITIONER AND 1 The Assistant Provident Fund Commissioner, Sub Regional Office, VUDA LAy Out, NAD Post, Visakhapatnam. 2 The Branch Manager, Union Bank of India, MVP Colony, Visakhapatnam. .....RESPONDENTS 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 declare the proceedings No. AP/31543/ENF/VSP/CC-51/2001/3948, dated 20/03/2001 issued by the 1st Respondent herein to the 2nd respondent herein invoking powers under section 8(f) of the Employees Provident Fund and Miscellaneous Act, 1952 without passing orders under Section 7 'A' of the Act, as illegal, arbitrary , unjust and without jurisdiction and consequently direct the 1st Respondent to refund a sum of Rs.3,31,089/- to the petitioner which was remitted by the 2nd Respondent to the credit of the 1st Respondent in pursuance of the order dated 20/03/2001 passed in proceedings No.AP/31543/ENF/VSP/CC-51/2001/3948, by issuing appropriate Writ of Mandamus order or direction and pass Counsel for the Petitioner:MR.M.GANGA RAO Counsel for the Respondent No.: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : ORDER: This writ petition has been filed by the petitioner seeking to declare the proceedings, dated 20-03-2001 issued by the first respondent to the second respondent invoking the powers under Section 8 (f) of the Employees Provident Fund and Miscellaneous Act, 1952 (for short ‘the Act’) without passing orders under Section 7 (A) of the Act as illegal and arbitrary. It is represented by the learned counsel for the petitioner that the first respondent passed the impugned order under Section 8 (f) of the Act without passing orders under Section 7 (A) of the Act. On verification of the record, it is noticed that the order under Section 7 (A) was not passed before passing order under Section 8 (f) of the Act. Though the petitioner admits that some amount is payable towards employees provident fund, he questions the legality of the order passed under Section 8 (f) by the respondent without passing the order under Section 7 (A) of the Act. In the light of the above circumstances, the order, dated 20-03- 2001 passed by the first respondent is set aside directing him to follow the procedure prescribed under law and pass fresh order after giving opportunity to the petitioner. The writ petition is, accordingly, disposed of. No order as to costs. __________________ DR. G. YETHIRAJULU, J Date:27-02-2008 YCR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Provident Fund Commissioner, Sub Regional Office, VUDA Lay Out, NAD Post, Visakhapatnam. 2 The Branch Manager, Union Bank of India, MVP Colony, Visakhapatnam. 3 2 C.Cs to Mr.R.N.Reddy, SC for Employees PF Organization, High Court Buildings, Hyderabad. (OUT) 4 2CD copies.