M/S.Guardian Security Services, v. Employees Provident Fund Organization,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.25068 of 2018 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue writ of certiorari directing the respondent to produce the entire record in No.TS/HD/0053531/C-IV(PD)/Z-1/DAMAGES/2018/679, dated 29.05.2018 and to set aside the same as illegal and arbitrary.

2. Heard learned counsel for the petitioner, learned standing counsel for the respondent and perused the record.

3. Learned counsel for the petitioner submits that the principal employer is liable to pay Provident Fund amount to the petitioner. Earlier, the petitioner filed writ petition in the year 2015 and the on the same issue, stay was granted and that these proceedings are initiated for the subsequent period.

4. On the other hand, learned standing counsel for the respondent submits that as per the agreement, the petitioner is liable to pay Provident Fund amount and copy of the agreement filed by the petitioner, dated 01.04.2015, goes to show that the petitioner is liable to pay Provident Fund amount and admittedly, the petitioner has remedy under Section 7 (I) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.

5. In view of the same, this Court is not inclined to entertain the writ petition.

6. Accordingly, the writ petition is disposed of granting liberty to the petitioner to avail alternative remedy available to it under law. However, there shall be stay for a period of

two weeks only to enable the petitioner to avail alternative remedy. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed. _________________________ A.RAJASHEKER REDDY,J DATED: 01-08-2018 Hsd