IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO, J.
Seshaiah Nathani, S/o. Late Hanumaiah - Petitioner
Versus
Employee Provident Fund Organization, Rep. by Its Commissioner - Respondent
Writ Petition No. 11379 of 2026
Decided On : 06-05-2026
ORDER :
This Writ Petition is filed questioning the orders passed in I.A.Nos.1 & 2 of 2026 in EPF appeal No.15 of 2026, dated 27.03.2026 on the file of the Central Government Industrial Tribunal cum Labour Court, Hyderabad.
2. In the affidavit filed in support of the writ petition it is asserted that the writ petitioner has filed an application for review under Section 7-B in proforma under paragraph No.79-A under the provisions of the Employee Provident Fund and Miscellaneous Provisions Act, 1952 (for hereafter refer as “Act”) challenging the order under Section 8 of the Act. The said review application was dismissed by the second respondent vide order dated 07.04.2016 determining the liability of the petitioner as Rs.5,17,640/- (Rupees Five Lakhs seventeen thousand six hundred and forty only) which is the outstanding amount of the assessed amount affirming the order under Section 7-I of the Act, the said order was under challenge in W.P. No.24593 of 2017. The said Writ Petition was disposed by a coordinate Bench of this Hon’ble Court following the order in W.P. No.300077 of 2021 dated 22.12.2021.
3. A coordinate Bench of this Court while addressing the writ petition WP No.30077 of 2021 dated 22.12.2021, highlighted in an excerpt from the order that the petitioner is permitted to file a statutory appeal under Section 7(A) of the Act before the Appellate Authority within a period of two (2) weeks from the date of receipt of a copy of the 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. In addition, the Petitioner was 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.”
4. Upon reviewing the order, it is clear that the writ petitioner was directed to pursue the statutory appeal under Section 7-A of the Act within the stipulated two week time and to deposit 50% of the assessed amount.
5. In the case on hand, the order of the 2nd respondent, in No AP/ RO/ GNT/ COMPI / KII / 49407 / 7B Review/2016/88 vide order 07.04.2016 dated in confirming the order as assessed in AP/RO/GNT/COMPI/KII/49407/7A Order/2015/2111 dated 18.02.2016 was challenged in Writ Petition 24593 of 2017. The said writ petition was disposed of in terms of the order in W.P. No. 30077 of 2021. As per the order in W.P. No. 30077 of 2021 dated 22.12.2021 pursue the statutory appeal under Section 7-A of the Act within the stipulated two week time and to deposit 50% of the assessed amount.
6. However, as directed by this court the writ petitioner has preferred the statutory appeal under Section 7-A of the Act before the Central Government Industrial Tribunal-cum-Labour Court at, Hyderabad beyond the time granted i.e., two weeks. The appellate authority has rejected the appeal asserting that appeal filed after the two weeks deadline granted by this Hon’ble Court in W.P. Not 24593 of 2017 vide order dated 27.03.2026 in I.A. No. 1 & 2 of 2026 had expired, consequently dismissed the E.P.F. Appeal 15 of 2026.
7. The order in I.A. No. 1 & 2 of 2026 and consequently dismissal of the E.P.F. Appeal 15 of 2026 vide order dated 27.03.2026 on the file of the Central Government Industrial Tribunal-cum-Labour Court at Hyderabad, has been challenged in the present writ petition, on the ground that while disposing the writ petition 24593 of 2017, the petitioner was not afforded an opportunity of hearing and it was disposed basing on the argument of the respondents counsel, hence the order in W.P. No. 24593 of 2017, is in violation of principle of natural justice, hence voiced that a writ petition is maintainable under Article 226 Constitution of India before this Court, hence prayed to set aside the impugned order dated 27.03.2026 of the Tribunal-cum-Labour Court and prayed to permit the petitioner to contest the appeal on merits. And it is furt
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