Dismissed the petition for certiorari, holding that available statutory remedy of appeal precludes writ intervention regarding alleged illegality in an order by the Provident Fund Commissioner.
Petition dismissed with liberty to file an appeal against the impugned order.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
PRESENT:
THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY
WEDNESDAY, THE SEVENTEENTH DAY OF MARCH, TWO THOUSAND TEN
WRIT PETITION No.5964 of 2010
Between: Central Power Distribution Company of Andhra Pradesh Limited, reptd., by the Superintending Engineer, Operation, Mahaboobnagar, Mahaboobnagar District.
… Petitioner.
And
Assistant Provident Fund Commissioner, Enforcement, Employees Provident Fund Organization, Ministry of Labour and Employment, Government of India, Bhavishyanidhi Bhavan, Barkatpura, Hyderabad, Andhra Pradesh.
… Respondent.
Counsel for the petitioner: Sri P.Naveen Rao. Counsel for the respondent: Sri R.N.Reddy.
This Court made the following: ORDER:-
This Writ Petition is filed for a Writ of Certiorari to quash order, dated 15-2-2010, passed by the respondent.
At the hearing, it is not disputed by Sri P.Naveen Rao, learned counsel for the petitioner, that against the impugned order the petitioner has a remedy of appeal. He, however, submitted that since the order passed by the respondent is not in accordance with law, he filed this Writ Petition.
I am afraid, I cannot accept this contention of the learned counsel for the petitioner. If an order passed by the respondent is illegal or otherwise invalid, the petitioner is entitled to question the same by way of an appeal under Section 7-I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Mere ground of illegality in the order passed by the respondent does not entitle the petitioner to bypass the efficacious statutory remedy of appeal.
In this view of the matter, the Writ Petition is dismissed with liberty to the petitioner to file an appeal against the impugned order.
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C.V.NAGARJUNA REDDY,J Date:17-3-2010 MNR
1 issue framed by the court
Whether a writ petition can be entertained when an efficacious statutory remedy of appeal is available under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.
1 provisions across 1 enactments
Central Power Distribution Company of Andhra Pradesh Limited
Assistant Provident Fund Commissioner
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
