Employees Provident Fund Organisation vs Indian Red Cross Society
2025 Latest Caselaw 1215 Tel

Telangana High Court

Employees Provident Fund Organisation vs Indian Red Cross Society on 22 January, 2025

Author: G.Radha Rani

Bench: G.Radha Rani

          THE HON'BLE THE ACTING CHIEF JUSTICE

                                AND

            THE HON'BLE Dr. JUSTICE G. RADHA RANI

                  WRIT APPEAL No.89 of 2025

JUDGMENT (Per Hon'ble the Acting Chief Justice)

Sri C. Lalit Kumar Reddy, learned counsel represents

Sri M.P.Kashyap, learned Standing Counsel for Employees

Provident Fund Organization, for the appellants and Ms. B.

Nishitha, learned counsel represents Sri CH. Pushyam Kiran,

learned counsel for the respondent.

2. With the consent, finally heard.

3. Challenge is mounted to the order of learned Single Judge

passed in W.P. No.23184 of 2012.

4. The learned Standing Counsel for the appellants, by taking

this Court to the operative paragraph Nos. 4 to 6 of impugned order

dated 25.06.2024, urged that the writ petitioner was put to

summons under Section 7A of the Employees Provident Funds and

Miscellaneous Provisions Act, 1952 on 09.05.2012. The relevant

period was from April, 2006 onwards. The whole order of learned

Single Judge is founded upon the notification dated 14.05.2010.

By referring to the said notification, the learned Standing Counsel

for the appellants submits that the language employed in the said

notification makes it clear that it is not retrospective in nature.

This point has not been considered by the learned Single Judge.

5. The learned counsel for the writ petitioner, on the other

hand, urged that there may be certain notifications in existence

which cover the period from April, 2006 onwards and if the matter

is remitted to the Writ Court, the said notifications may be placed

on record.

6. Considering the aforesaid arguments, it is clear that the

order of learned Single Judge is based on the notification dated

14.05.2010 and there is no finding as to whether said notification

can be pressed into service with retrospective effect i.e., with effect

from April, 2006 onwards. No other notification was filed by the

writ petitioner to cover the period from April, 2006 onwards. In

this backdrop, we deem it proper to set aside the order dated

25.06.2024 passed in W.P. No. 23184 of 2012 and restore the

matter before the learned Single Judge. The writ petitioner may file

the relevant notifications which cover the period in question. The

Writ Court may decide the matter afresh in accordance with law.

7. The writ appeal is disposed of without expressing any

opinion on merits. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

_______________________ Dr. G. RADHARANI, J

Date: 22.01.2025 Myk/Tsr

THE HON'BLE THE ACTING CHIEF JUSTICE

AND

THE HON'BLE Dr. JUSTICE G. RADHA RANI

(Per Hon'ble the Acting Chief Justice)

Date: 22.01.2025

myk/tsr