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J.C.Graphics Pvt. Ltd. v. Union of India

Andhra Pradesh HC8 Apr 2025WP/10745/2019

Case brief

AI extract

What is this about?

EPF Act Section 7-Q interest order set aside; Section 14B order (Proceedings No.AP/RO/GNT/33689/PD/CELL/KST/2019/132 dated 10.07.2019) and appeal thereon pending before Tribunal; impugned Proceedings No.AP/RO/GNT/33689/PD/CELL/KST/2019/133 dated 10.07.2019; writ of certiorari under Article 226; order passed without considering petitioner's grievances of loss suffered in business; matter restored to respondent No.2 for fresh hearing and fresh orders per governing rules and law; J.c.graphics Pvt. Ltd v Union of India and Others; Andhra Pradesh High Court at Amaravati; decided 09.04.2025; writ petition allowed, no costs.

What did the court decide?

Impugned Section 7-Q order set aside; petition restored to respondent No.2 for fresh hearing and fresh orders in light of the petitioner's grievances; no order as to costs. ¶34

J.C.Graphics Pvt. Ltd. Vs Union of India — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010240592019

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3396]

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WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 10745/2019

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Between:

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J.c.graphics Pvt. Ltd

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...PETITIONER

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AND

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Union Of India and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.N SUBBA RAO

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Counsel for the Respondent(S):

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1.T BALAJI(SC FOR EPFO)

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2.T BALAJI

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India with

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the following prayer:

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“…..to issue order or direction more particularly in the nature of Writ of Certiorari or any other appropriate Writ Order or direction calling for the records relating to the orders passed by the 3^rd Respondent vide Proceedings No.AP/RO/GNT/33689/PD/CELL/KST/2019/133, dated 10.07.2019 under Section 7-Q of the Act ignoring the simultaneous order passed under 14-B of the EPF Act vide Proceedings No.AP/RO/GNT/33689/PD/CELL/KST/2019/132, dated 10.07.2019 as illegal and quash or set aside the same, pending

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determination of the above Writ Petition and pass such other order or orders…...”

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Heard Sri P.Surya Teja, learned counsel, representing Sri N.Subba Rao, learned counsel for the petitioner and Sri P.Ramabhoopal Reddy, learned Standing Counsel for EPFO.

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Learned counsel for the petitioner would submit that the impugned order passed under Section 7-Q of EPF Act imposing interest on the petitioner is not sustainable, since the authorities did not look into the grievances submitted by the petitioner relating to loss suffered in the business and other pleas. Learned counsel would submit that the matter may be remanded to the 2^nd respondent for passing orders afresh for specific directions.

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Learned Standing Counsel would submit that the petitioner has preferred appeal against the order which is passed under Section 14B of the EPF Act which is pending before the Tribunal. The petitioner can make recall against the impugned order relating to Section 7-Q of the EPF Act. Learned Standing Counsel finally submits that the Court may pass appropriate orders.

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Considering the submissions made and a fair look on the material placed on record, as rightly put by the learned counsel for the petitioner, the learned authority who is 3^rd respondent passed impugned order regarding Section 7-Q of EPF Act without considering the grievance submitted by the petitioner through its counsel on record.

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In that view, it is apposite to set aside the impugned order and directing the respondent No.2 to restore the petition and hear the matter afresh and pass orders taking into consideration the grievances submitted by the petitioner and take appropriate decision according to governing rules and law.

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