The High Court of Telangana issued a notice before admission to the respondents in WP No. 34213 of 2023 challenging an EPFO order, extending the case on 04-01-2024 for the respondents' counter affidavit.
Notice issued to respondents to show cause before admission of the writ petition; case posted on 04-01-2024 for counter affidavit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
132521
(sHow GAUSE NOTTCE BEFORE ADMtSStON) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE NINETEENTH DAY OF DECEIUBER TWO THOUSAND AND TWENTY THREE
: PRESENT:
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 34213 OF 2023
Between:
M/s. ATC Telecom lnfrastructure Pvt Ltd, 6-3-1186 and 6-3-'1186/4, 6-31186/4/8 4th Floor, Flat No. 404 and 405 Above Tanishq Jewellery, Bluemoon Hotels Pvt Ltd Building Somajiguda, Raj Bhavan Road, Begumpet, Hyderabad - 500016 Represented by its Senior Manager - Legal ttlr. Ashish Sharma.
AND
WHEREAS the Petitioner above named through its Advocate M/S INDUS LAW FIR[U presented this Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or writ particularly one in the nature of mandamus declaring the action of the Respondent Authority in passing Order dated 31.10.2023 under Sec.7-B of Employees Provident Funds and [Vliscella-neous Provisions Act, 1952 and the Proceedings No.7A Order No.TS/RO/ HYD1(BKP)/59713/Compliance-ll/T-11202112019 dated 16.09.2021 passed by the 1St Respondent Authority as illegal, perverse, arbitrary and violative ofprinciples of naturaljustice and being violative of Employees Provident Funds and Miscellaneous Provisions Act, 1952 and consequently set aside the same;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri tt//S INDUS LAW FlRtU, Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
are directed to show cause on or before 04-01-2024 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
The Court made the following:
ORDER:
before adm ission. --Iiotice
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents Mr. Jithender submits that he has not filed counter affidavit and seeks ten (10) days time for obtaining instructions.
Learned counsel appearing on behalf of the respondents submit that they will not initiate any coercive steps.
Post on 04-01-2024 for the counter of respondents
Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR
//TRUE COPY//
p
SECT!ON OFFICER
To,
//' /
HIGH COURT
SN,J
DATED:1911212023
Post on 04-01 -2024 for the counter of respondents
NOTICE BEFORE ADMISSION
WP.No.34213 ot 2023
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2 issues framed by the court
Whether the writ petition challenging the PF Order dated 31.10.2023 under Sec.7-B should be admitted.
Whether a notice needs to be issued to the respondents before admission of the writ petition.
1 provisions across 1 enactments
M/s. ATC Telecom Infrastructure Pvt Ltd
Regional Provident Commissioner - I
Employees Provident Fund Organization
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
