High Court for State of TelanganaWP/42128/2015dismissed

Tirumala Tirupati Devasthanams v. The State Of Andhra Pradesh

2015-12-29C.V.Nagarjuna Reddy3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.42128 of 2015 Date: 29.12.2015 Between:

Tirumala Tirupati Devasthanams rep. by its Executive Officer Tirupati, Chittoor District.

Petitioner and The State of Andhra Pradesh, represented by its Principal Secretary, Labour & Employment Department, Hyderabad and another .. Respondents Counsel for the petitioner: Mr.A.K.Jayaprakash Rao Counsel for respondent No.1: GP for Labour & Employment The Court made the following:

O r d e r :

This Writ Petition is filed for a Mandamus to set aside proceeding No.AP/ INS-II/ 52-00-031055000-1001/ 714, dated 12-11-2015, whereby respondent No.2 has adjudicated the purported liability of the petitioner with regard to payment of contribution relating to 26 employees working under an outsourcing agency i.e., Sri Padmavathi Srinivasa Seva Samithi.

At the hearing, Mr.A.K.Jayaprakash Rao, learned Counsel for the petitioner, has not disputed that against the impugned order, his client has the statutory remedy of appeal under Section 75 of Act, 1958.

In view of the effective alternative remedy available to the petitioner, I am not inclined to adjudicate this Writ Petition on merits. However, as the petitioner is apprehending coercive steps by respondent No.2 before it can avail the remedy of appeal, the said respondent is restrained from

giving effect to the impugned order for a period of four weeks from today.

Subject to the above direction, the Writ Petition is dismissed with liberty to the petitioner to avail the remedy of appeal within the time stipulated above. However, it is made clear that if the remedy of appeal is not availed and interim order could not be secured therein by the petitioner within the above stipulated period, respondent No.2 shall be free to enforce the impugned proceeding. As a sequel to dismissal of the Writ Petition, WPMP.No.54335 of 2015, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 29th December, 2015 lur