The Acharya Nagarjuna University Vs The Assistant Provident Fund Commissioner

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 to issue an order, direction or a writ or more particularly in one nature of writ of Mandamus declaring that the impugned orders GR/GNT/40199/ Comp-ll/ 2019 /225 18.06.2019 passed by the respondent No.1 under Sec 7A of the Employees Provident Fund and Miscellaneous provisions Act 1952 served on 26-06-2019, is illegal, arbitrary and violative of Article 14 16, 21

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f-

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and 300-A of Constitution of India without Jurisdiction and unenforceable in Law and consequently set-aside the same and grant such relief or further reliefs.

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lA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings on the order No. GR/GNT/40199/Comp11/2019/225 18.06.2019 passed by the respondent No.1 including the recovery proceedings, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI M.CHALAPATHI, SC FOR^NAGARJUNA

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UNIVERSITY

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Counsel for the Respondent Nos.1 & 2: SRI T. BALAJI(SC FOR EPFO)

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Counsel for the Respondent No.3:-—

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The Court made the following order:

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[3396]

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APHC010198622019

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

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MONDAY,THE SEVENTH DAY Of JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8622/2019

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Between:

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1.THE ACHARYA NAGARJUNA UNIVERSITY, NAGARJUNANAGAR522510, GUNTUR DISTRICT, REP. BY ITS REGISTRAR G. ROSAIAH S/0 G.NARASAIAH, AGED 57 YEARS

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...PETITIONER

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AND

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1.THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, 3RD LANE, KRISHNA NAGAR, GUNTUR.

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EMPLOYEES PROVIDENT FUND

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2.THE COMMISSIONER, ORGANISATION, REGIONAL OFFICE, 3RD LANE, KRISHNA NAGAR, GUNTUR- 522006.

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3.SRI K BHANU PRASAD CHIEF SECRETARY, ALL UNIVERSITIES EMPLOYEES AND WORKERS UNION, C/0 ACHARYA NAGARJUNA UNIVERSITY, NAGARJUNA NAGAR - 522 510.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.M.CHALAPATHI SC For Nagarjuna University

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Counsel for the Respondent(S):

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I T BALAJI(SC FOR EPFO)

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OR^;

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This Writ Petition is filed under Article 226 of Constitution of India with the following prayer;

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particularly in impugned orders Fund iJlegal, arbitrary and violative of Article served14 on 26-06-2019, is Constitution of India without Jurisdiction ' ■^6. 21 and 300-A of and and unenforceable in Law consequently set-aside the further reliefs.. same and grant such relief or

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2 Heard Sri M.Chalapathi learned Standing Counsel for the Petitioner and learned Standing Counsel for the respondents, 3- Learned Standing Counsel for the respondents would submit that there IS an effective alternative remedy available to the petitioner against the orders passed by the pri primary authority under Section ^(1) Of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ,the Act'L Learned Standing Counsel would further submit that under such circumstances, filing this writ petition i IS not substantial and need not be entertained. There are several orders passed by this Court in W.P. Nos. 9889 of 2019 and batch,^and W.P. No. 6703 of 2022, and therefore prays for dismissal of the writ petition. 4. For ready reference, the relevant paragraph of the order dated 16.03.2022 passed in W.P.No.6703 of 2022, i IS oxtracted under; " - -Admittedly, in the the said opportunity. did not avail availability of the alternative

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3

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remedy as provided under Section 7(1) of the Act, this Court is not inclined to entertain the present writ petition on merits. However, the petitioner herein is at liberty to file a statutory appeal against the orders passed by the respondent herein under Section 7(A) of the Act before the Appellate Authority within a period of two (02) weeks from the date of receipt of a copy of this order and if any such appeal is filed before the Appellate Authority, the same be considered and appropriate orders be passed strictly in accordance with law on merits....” “The Petitioner herein is directed to deposit half^ofthe amount covered by the order passed by the respondent authorities under Section 7(A) of the Act” as a condition precedent^for entertaining such appeal.

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Learned counsel for the petitioner would submit that the petition may be disposed of in the light of the above said orders and a liberty may be given to the petitioner to challenge the orders by way of appeal.

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In view of the above discussion and the order referred to supra, this writ petition is disposed of by giving liberty to the petitioner to file a statutory appeal against the orders passed by the respondents herein under Section 7(A) of the Act before the Appellate Authority. There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand

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closed.

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Sd/- U. SRIDEVI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, 3^^^ Lane, Krishna Nagar, Guntur.

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The Commissioner, Employees Provident Fund Organisation, Regional Office, 3'" Lane, Krishna Nagar, Guntur- 522006.

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r-

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One CC to Sri M.Chalapathi, SC for Nagarjuna University [OPUC]

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One CC to Sri T. Balaji(SC for EPFO) [OPUC]

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Two CD Copies

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Ssb

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Note: The Paragraph “ The Petitioner herein is directed to deposit half of the amount covered by the order passed by the respondent authorities under Section 7(A) of the Act,^as a condition precedent for entertaining such appeal” is inserted after the words “ Strictly in accordance with Law^on merits” in Paragraph No.4, as per Court order dt.07.08.2025 in lA No.1/2025. Substitute this amended order in place^of earlier order which was despatched on 05.08.2025.

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Sd/- U. SRIDEVI ASSISTANT REGISTRAR

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V

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HIGH COURT

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DATED:07/07/2025 07/08/2025

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(AMENDED) ORDER WP No. 8622 OF 2019

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^ 1 ^ AUG 2025
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