Assistant Provident Fund Commissioner ... vs M/ S Dr Reddys,,Laboratories Limited
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Telangana High Court

Assistant Provident Fund Commissioner ... vs M/ S Dr Reddys,,Laboratories Limited on 24 January, 2025

Author: P.Sam Koshy

Bench: P.Sam Koshy

       THE HONOURABLE SRI JUSTICE P.SAM KOSHY
                       AND
       THE HONOURABLE SRI JUSTICE NAMAVARAPU
                  RAJESHWAR RAO
                        W.A.No.1436 OF 2024
JUDGMENT:

(per Hon'ble Sri Justice P.Sam Koshy)

Heard Mr. T.Sasi Kumar, learned Standing Counsel for the

appellants and Mr. Avinash Desai, learned Senior Counsel representing

Mr. M.Pranav, learned counsel for the respondent. Perused the record.

2. The present is a writ appeal which has been preferred assailing

the order dated 02.08.2024 passed by the learned Single Judge in

W.P.No.6710 of 2024.

3. Vide the impugned order of the learned Single Judge, the High

Court had disposed of the writ petition in the light of the statutory

appeal that the writ petitioner had availed before the Appellate

Tribunal under Section 7(i) of the Employees' Provident Fund and

Miscellaneous Provisions Act, 1952 (for short 'the Act') and had

obtained stay to the extent of the effect and operation of the order

under Section 7A of the Act subject to deposit of 30%. Since the EPF

organization had already recovered an amount of Rs.3.15 crores on

13.03.2024, the writ court had directed refund of the remaining amount

after deducting 30% of the amount assessed under Section 7A of the

Act.

4. It is this order which is under challenge in the instant appeal by

the EPF organization.

5. Surprisingly, perusal of the pleadings would go to show that the

EPF organization as such has not challenged the interim order granted

by the Appellate Tribunal on 07.05.2024 in the appeal preferred by the

writ petitioner under Section 7A of the Act. The appellants herein are

still pursuing the appeal pending before the Appellate Tribunal. In the

absence of any challenge to the interim order granted by the Appellate

Tribunal, we are of the considered opinion that the order passed by the

learned Single Judge on 02.08.2024 disposing of the writ petition

cannot be found fault with nor can it be said to be in any manner

arbitrary or erroneous in law.

6. The writ appeal, therefore, for the said reasons, stands rejected.

There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall

stand closed.

__________________ P.SAM KOSHY, J

___________________________________ NAMAVARAPU RAJESHWAR RAO, J 24.01.2025 Lrkm