IMPORTANT POINT
The court affirmed that pre-deposit requirements under the Employees Provident Funds Act are essential for appeal admission, reinforcing the importance of procedural fairness.

ORDER:

Surepalli Nanda, J.

Heard Mr.A.Ravi Mahender, learned counsel appearing on behalf of the Petitioner and Mr.G.Venkateswarlu, learned standing counsel appearing on behalf of the Respondents.

PRAYER:

2. The Petitioner approached the Court seeking prayer as under :

“…to issue an appropriate Writ, Order or direction particularly one in the nature of Writ of Mandamus challenging the orders dated 30-01-2024 passed by Central Government Industrial Tribunal-cum-Labour Court, Hyderabad in IA No 1 & 2/2024 EPF Appeal No. CGIT (2017) 271/2018 and also ex parte orders dated 03-08-2017, No.TS/RO/NZB/Comp/ 7-A/34057/2017-18/2922, Review orders No.TS/RO/ NZB/Compliance/7B/34057/2017/3038, dated 13-10-2017 and also consequential orders No. TS/RO/NZB/ENF(T1)/ 34057/2017-18/3065, dated 06.11.2017, Recovery certificate & demand notice RRC No. NZNZB1674/0034057/02/ 04/2018/501/35/3382 & 3383 both dated 02-04-2018 passed without hearing/notice by 1st respondent, is totally illegal, arbitrary, unjust, discriminatory, unreasonable, without jurisdiction, opposed to public policy and violative of Articles 14, 21 of Constitution of India and also violative of principles of natural justice and call for the records and set aside them by remanding the Appeal and issue consequential directions:

a) to furnish copies of enquiry Report, Salary register given by the then officer Mr. Nandan Singh,

b) direct the 1st respondent to give opportunity to file Written statement/counter, documents and to lead oral evidence etc., if the authorities wants to proceed further after its remand,

c) to direct the authorities to adjust attached money of Rs. 69,121.30 in the PF payments of the School and award costs and pass such other orders…”

3. PERUSED THE RECORD.

The order impugned dated 30.01.2024 passed in I.A.Nos.1 and 2 of 2024 in EPF Appeal No.CGIT(2017)271/2018, in particular the relevant portion at para 8, reads as under :

“Perusal of the record goes to reveal that Appellant has raised debatable issues which requires consideration in the present appeal. Therefore, Appeal is liable to be admitted. As far as plea of the Appellant regarding complete waiver of pre-deposit amount of 75% determined amount u/s.7-A is concerned. I am of the opinion that the impugned order pertains to the year 2017 and matter has been stayed since last 5 years, therefore, in the facts and circumstances of the case there is no case made out for complete waiver of 75% of the pre-deposit condition. Therefore, in the interest of justice the appeal is admitted on the remittance of 30% of the determined amount u/s 7-A within six weeks from the date of passing the order and on the compliance of the said condition. Operation of the impugned order is stayed and Appeal admitted for consideration and hearing.

Put up on 22.03.2024 for hearing.

Ordered accordingly.”

4. The case of the Petitioner, in brief, as per the averments made by the petitioner in the affidavit filed in support of the present writ petition, are as follows:

i) The Petitioner on an earlier occasion approached the Court by filing W.P.No.1873/2018 with prayer as under :

“Challenging the impugned order dated 03.08.2017 No.TS/RO/NZB/Comp/7A/34057/2017-18/2922 served copy on 09.08.2017 determined dues as Rs. 11,40,774/- towards Provident plus Pension plus Deposit linked insurance Fund Administrative charges for the period from 03/2015 to 11/2016 without hearing and without furnishing Inspection Report and Salary Register submitted by the then enforcement officer Mr T.N. Nandan Singh and rejected Review Petition by a impugned order dated 13.10.2017 No.TS/RO/NZB/Compliance/7B/34057/2017/3038 served copy on 23.10.2017 without any notice/hearing and issued consequential ex parte Prohibitory orders dated 06.11.2017 No. TS/RO/NZB/ENF(T1)/34057/2017-18/3065 served copy on 13.11.2017 without notice or hearing and attached Bank Account No. 52088989607 of management Katipally Ravinder Reddy Education Society, lying with 4th respondent even without waiting to