The Employer M/S. Veljan Denison Ltd., v. Authority Under Section 7q And 14b Of Epf Act

l32s2l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 33646 OF 2023 Between:

The Employer M/s. Veljan Denison Ltd., Plot No.10A, Phase-|, IDA' Patancheru, Medak District Regd. Office at Plot No.44, 4th Floor, HCL Towers, Chikoti Gardens Be6umpet, Hyderabad 500016 Rep. by its Managing - ^Drrector Sri V.C.Janardhan'aRao, S/o.Late Sitaramabrahmam, Aged about 82 Years. ...PETITIONER ANO Authority under Section 7Q and 148 of EPF Act, '1952 Cum Regional P.F. Commissioner-1 Regional Office, H.No.12-1, First Floor, Susheeram Complex, Patancheru Medak Dt. Hyderabad 502319

2. The Enforcement Officer, EIVPLOYEES ORGANISATION, Regional Office, H.No.'12-1 , Complex, Patancheru Medak District - 502319 PROVIDENT FUNDS First Floor, Susheeram ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue direction or order or writ one in the nature of Mandamus or any other appropriate writ declaring the proceedings no. AP/PTC/0004239/000/Enf501/Damages/ dated 1Bt1Ot2O23 issued by the 1st respondent herein as wholly illegal, frivolous, arbitrary and consequentially set aside the same, in the interest of justice and equity.

lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend all further proceedings before the 1st respondent pursuant to the said summons no.AP/PTCi00042391000/Enf-50'1/Damages/ dated 1Bi '10/2023 issued by the 1St respondent herein pending the present Writ Petition. Counsel for the Petitioner: SRI SRIKANTH HARIHARAN Counsel for the Respondents: M/s. VISHALA, SC FOR EPFO The Court made the following: ORDER

HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITIoN No.33546 oF 2023 9BDEB:

Heard learned counsel appearing on behalf of petitioner and also heard Ms.Vishala, learned Standing Counset for EPFO, appearing on behalf of the respondents.

2. The petitioner approached the Court seeking the prayer as follows:

"to issue direction or order or writ one in the nature of Mandamus or any other appropriate writ declaring the proceedings no. AP/PTC/0004239/000/ Enf-5017Damages/ dated lB/lo/2023 issued by the 1't respondent herein as wholly illegal, frivolous, arbitrary and consequentially set aside the same, in the interest of justice and equity and pass such other order or orders as the Hon'ble Court deems fit and proper in the circumstances of the case."

3. It is represented by both the Iearned counsel for the petitioner as well as tearned Standing Counsel for EPFO appearing on behalf of respondents that, in pursuance to the Interim orders granted by this Court on L3.L2'2O23, the respondents have issued Proceedings, dated 29.L2.2O23 under sections 7Q and 148 of the Employees Provident Funds Organisation Act, 1952.

4.

The learned counsel for the petitioner submits that the petitioner may be permitted to challenge the said proceedings dated 29.12.2O23 by availing the remedies as are available under !aw.

5.

Bringing the above said submission of both the learned counsel on record, the writ petition is closed granting liberty to the petitioner to approach appropriate forum challenging the proceedings dated 29.72.2023 issued under Section 7Q and 148 of the Employees Provident Funds Organisation Act, 1952 by availing the remedies as available under law. 6.

With the above observations, the Writ petition is closed. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, sha ll stand closed.

SD/. G. SIREESHA ASslsrANrysrRAR //TRUE COPY// SECTION OFFICER To,

1. One CC to SRI SRIKANTH HARIHARAN' Advocate [OPUCI

2. One CC to lvl/s VISHALA, SC FOR EPFO [OPUC]

3. Two CD CoPies BSR GJPY(

HIGH COURT DATED: 0410112024 1 1.1E S-fAI6:

$1 ttB ?rl{ f -) a)')

ORDER

* * llEs pa:(1A WP.No.33646 of 2023 CLOSING THE WRIT PETITION, WITHOUT COSTS 5 GEA w- ;1dx