Vijayawada Municipal Corporation v. Regional Provident Fund Commissioner-1,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37160 of 2016 ORDER:

This writ petition is filed seeking to declare the impugned order of the respondent in AP/RO/GNT/57969/PD Cell/KST/2016/5680, dated 13.10.2016, passed under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act'), as illegal and arbitrary.

Heard and perused the material available on record. The main grievance of the petitioner is that the 2nd respondent issued an order, bearing No.AP/RO/GNT/57969/PD Cell/KST/2016/5680, dated 13.10.2016, under Section 14B of the Act, whereby the respondent directed the petitioner to pay an amount of Rs.3,78,10,750/-.

After perusal of the entire record, this Court is of the view that the petitioner has a right to file an appeal by invoking the provision under Section 17 of the Act.

Considering the same, the writ petition is disposed of with the following direction:

If the petitioner intends to file an appeal against the impugned order, dated 13.10.2016, he can prefer an appeal within the statutory period of sixty (60) days and till the competition of the statutory period, the respondent is directed not to take any coercive steps against the petitioner in pursuance of the impugned order, dated 13.10.2016. Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 1st November, 2016 KL