M/S. Institute Of Resource Development And Social Management v. The Regional Provident Fund Commissioner -Ii

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.243 of 2015 ORDER:

The issue arises under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952.

The writ petition is filed for Mandamus declaring the order No.AP/HYD/RO/82357/Enf-I/T-2/2014/1723 dated 19.11.2014 as illegal, without material and amounts to exercise of jurisdiction not conferred on 1st respondent.

It is matter of record that the petitioner has filed review on 07.01.2015 against the impugned order.

At the time of hearing, learned standing counsel for respondents submits that as on date, no order is passed on the review alleged to have been filed by the petitioner. He further submits that the Banker of petitioner, through DDNo.20101 dated 07.01.2015 has already paid the amount covered by the order dated 19.11.2014 and the writ petition is misconceived.

From the scheme of the Act and having regard to the objections raised against the order dated 19.11.2014 by the petitioner, which if properly considered and decided, would go to the jurisdiction as well as the amount payable by the petitioner under the Act, therefore, the respondents are directed to enquire into the review dated 07.01.2015 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. It is further made clear that the receipt of amount covered by impugned order, through the D.D. referred to above, is subject to final orders that are passed in the review petition dated 07.01.2015.

With the above directions the writ petition is disposed of. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________ S.V. BHATT, J

Date: 19.01.2015 KLP