Parameswari Power Projects Pvt. Ltd., Vs The Employees Provident Fund Organization

PARAMESWARI POWER PROJECTS PVT. LTD.,, REP BY ITS MANAGING DIRECTOR R.V.S.R.K. SHARMA, DOOR NO. 39-8-37, PLOT NO.201 TEJA APARTMENTS, PYDAIAH STREET LABBIPET, VIJAYAWADA, KRISHNA DISTRICT, AP

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...PETITIONER

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AND

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THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REP BY THE ASSISTANT COMMISSIONER, MINISTRY OF LABOUR AND EMPLOYMENT, UNION OF INDIA, REGIONAL OFFICE- BHAVISHYA NIDHI BHAVAN 3RD LANE, KRISHNA NAGAR GUNTUR 522 006

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THE RECOVERY OFFICER, MINISTRY OF LABOUR AND EMPLOYMENT, UNION OF INDIA, REGIONAL OFFICE BHAVISHYA NIDHI BHAVAN, 3RD LANE, KRISHNA NAGAR GUNTUR 522 006

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...RESPONDENT(S):

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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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in issuing the Impugned Show Cause Notice No. AP/ RO/GNT/RECY/57984

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SRK, J WP No.26888 of 2015

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2

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(kst)/CP-25/2015/202 DT. 13.08.2015 as illegal, arbitrary and without jurisdiction and violation of provisions of the Constitution of India and also the provisions of Employees provident Fund Act, 1952 and Set aside the same and consequently direct the respondents to drop all further proceedings arising out of the above impugned show cause notice and to pass

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IA NO: 1 OF 2015(WPMP 34928 OF 2015

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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 Suspend the operation of the Impugned Show Cause Notice No. AP/RO/GNT/RECY/57984 (kst)/CP-25/2015/202 DT. 13.08.2015 passed by the 1st respondent, pending disposal of main writ petition and pass

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IA NO: 1 OF 2024

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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 Pleased to expedite the date of hearing of the Writ Petition WP No. 26888 of 2015 and pass

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Counsel for the Petitioner:

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1.Y KOTESWAR 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..

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SRK, J WP No.26888 of 2015

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3

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The Court made the following ORDER:

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This Writ Petition is filed questioning the impugned order No.AP/RO/GNT/RECY/57984 (kst)/CP-25/2015/202, dated 13.08.2015, passed by 1^st respondent directing the petitioner company to pay the balance payable amount of Provident Fund Dues into the respective employees Provident Fund Account Heads through ECR.

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Today, when the matter came up for hearing, learned counsel for the petitioner filed a memo stating that the Managing Director of the petitioner company namely Mr. RVSRK Sharma died on 30.09.2025, as per the information furnished by his sonin-law. It is further stated that the petitioner company is a Private Limited Company and except Mr. RVSRK Sharma, no other Director is available to represent the company before this Court.

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On the other hand, learned Standing Counsel appearing on behalf of the respondents submits that, since the petitioner company is a Private Limited Company, there would obviously have been at least one Director.

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SRK, J WP No.26888 of 2015

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4

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Be that as it may, since the Director of the petitioner company has passed away and there are no instructions regarding the availability of any other Director, learned counsel for the petitioner submits that no orders are necessary to be passed in the present Writ Petition.

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