Greater Visakhapatnam Municipal Corporation… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Greater Visakhapatnam Municipal Corporation… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of directing the petitioner to prefer an appeal under Section 7-I of the Act before the Appellate Authority within four weeks, with deposit of 25% of the amount demanded on 06.07.2018 under Section 14B; Appellate Authority to dispose of the appeal preferably within three months; no order as to costs; miscellaneous pending applications closed.

Issue for consideration

Whether the impugned orders dated 06.07.2018 passed under Sections 14B and 7Q of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 by the 1st Respondent are arbitrary, illegal, without jurisdiction, contrary to principles of natural justice and unenforceable in law, as prayed for in the writ petition. +1 more

Ratio / Principle

The writ petition is disposed of directing the petitioner to prefer an appeal as contemplated under Section 7-I of the Act before the Appellate Authority within a period of four (4) weeks from the date of receipt of a copy of the Order.

Key takeaways

The appeal is to be preferred by paying/depositing 25% of the amount demanded on 06.07.2018 under Section 14B of the Act; on such submission of the appeal, the Appellate Authority shall receive and dispose of it as early as possible, preferably within three (3) months.ratio¶30

Detailed headnote1 paragraphs

Writ Petition (Article 226) by Greater Visakhapatnam Municipal Corporation challenging the orders No AP/VP/71595/PD Cell/CC-52/2016/1448 dated 06.07.2018 passed by the Assistant PF Commissioner, EPFO SRO Visakhapatnam (1st Respondent) under Sections 14B and 7Q of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, as arbitrary, illegal, without jurisdiction and unenforceable. The High Court, noting on the Standing Counsel's submission that such an order is appealable before the Appellate Authority under Section 7-I of the Act, disposed of the writ petition directing the petitioner to prefer the statutory appeal within four weeks with a deposit of 25% of the amount demanded on 06.07.2018 under Section 14B; the Appellate Authority to receive and dispose of the appeal preferably within three months. No order as to costs; miscellaneous applications closed. (Justice Sumathi Jagadam; decided 17.12.2025.)

APHC010731072018

[3459]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 35439/2018

Between:

GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS ADDL. COMMISSIONER, SRI S. S.VARMA R/O VISAKHAPATNAM.

...PETITIONER

AND

ASSISTANT P F COMMISSIONER, EPFO SRO VISAKHAPATNAM.

M/S MAHA VAISAKHI NAGARA MAHILA SAMKSHEMA SANGAM, BESIDES BULLAYYA COLLEGE, RESAPUVN PALEM, VISAKHAPATNAM-530013.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an Order, direction or a Writ or more particularly one in the nature of Writ of Mandamus declaring that the impugned orders No AP/VP/71595/PD Cell/CC-52/2016/1448, dated.06.07.2018, passed under section 14B and 7Q of the Employees Provident Funds and Miscellaneous Provisions Act,1952 (the Act) by the 1st Respondent as arbitrary, illegal, without jurisdiction, contrary to principles of natural justice, unenforceable in law the same and pass

IA NO: 1 OF 2018

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

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JS,J W.P.No.35439/2018

stay the orders of the 1St Respondent in AP/VP/71595/PD Cell/ CC-52/ 2016/1448, dated. 06.07.2018 pending disposal of the writ petition and pass

Counsel for the Petitioner:

1.KOKA SATYANARAYANA RAO

Counsel for the Respondent(S):

1.T BALAJI(SC FOR EPFO)

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JS,J W.P.No.35439/2018

The Court made the following ORDER:

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for respondent No.1.

Learned Standing Counsel for the respondents submits that the order challenged under the Writ Petition is passed by the concerned authority under Section 14B & 7Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 which is an appealable order before the Appellate Authority under Section 7-I of the Act.

Considering the submissions of the learned Standing Counsel for the respondents, the present Writ Petition is disposed of directing the petitioner to prefer an appeal as contemplated under Section 7-I of the Act, before the Appellate Authority within a period of four (4) weeks from the date of receipt of copy of this Order, by depositing 25% of the amount demanded on 06.07.2018, under Section 14B of the Act. On such submission of appeal by paying 25% of the demanded amount by the petitioner, the Appellate Authority shall receive and dispose of the same as early as possible preferably within three (3) months. There shall be no order as to costs.

As a sequel, miscellaneous pending applications, if any, shall stand closed.

__________________________ JUSTICE SUMATHI JAGADAM

Date: 17.12.2025 KAS

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JS,J W.P.No.35439/2018

229

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 35439/2018

Date: 17.12.2025 KAS