2026 Supreme(Online)(Tel) 2940
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
ELICO LIMITED – Appellant
Versus
Regional Provident Fund Commissioner-I – Respondent
WP 2375/2026
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.2375 of 2026
29.01.2026
Between:
ELICO LIMITED
…Petitioner
AND
Regional Provident Fund Commissioner-I,
Employees’ Provident Funds Organisation,
Regional Office – Kukatpally,
Bhavishyanidi Bhavan, Kukatpally, Hyderabad and 3 others
…Respondents
ORDER:
The Writ Petition is filed seeking a direction to the 2nd
respondent to call for the records of the inquiry proceedings and to
set aside Order No.TS/2104/PF/RO/KKP/14B Order/Dam/23,
dated 25.07.2025, passed under Section 14B of the Act, 1952, and
Order No.TS/2104/PF/RO/KKP/7Q Order/, dated 25.07.2025,
passed under Section 7Q of the Act, 1952, by the 2nd respondent,
and consequently to set aside the impugned Prohibitory Order vide
No.TS/RO/KKP/14B/Z-I/0002104/2005-26, dated 12.01.2026,
and Prohibitory Order No.TS/RO/KKP/7Q/Z-I/0002104/2005-26,
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WP_2375_2026
dated 12.01.2026, passed by the 2nd respondent under Sections 8F
and 8B to 8G of the Act, 1952, as being illegal, unjustified, and in
violation of the principles of natural justice.
2. Heard Sri B.Manoj Kumar, learned counsel for the petitioner
and Sri G.Venkateshwarlu, learned Standing Counsel for
Employees Provident Fund Organisation, for respondent Nos.1 and
2. Perused the record.
3. The petitioner Company, engaged in IT-enabled healthcare
and RCM services for US clients and registered in Hyderabad, was
subjected to proceedings initiated by the EPFO for the period from
01.04.1994 to 31.03.2024. During this period, notices were
allegedly not properly served due to the frequent travel of the
management. A summons dated 14.06.2024 was issued under
Section 14B of the Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952 (for short, “the Act”), resulting in orders dated
14.08.2025 determining penal damages of Rs.1,94,06,989/- under
Section 14B and interest of Rs.95,47,256/-,under Section 7Q, the
total summons amount arrived at Rs.2,89,54,245/-. The Petitioner
Company paid an amount of Rs.25,00,000/- out of Rs.95,47,256/-
towards amount under Section 7Q, as such, there is a balance of
Rs.70,47,256/-.Subsequently, attachment orders under Sections
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8F and 8B to 8G of the Act were issued on 12.01.2026 for recovery
of the said amounts. The petitioner received intimation of the
attachment on 19.01.2026 and approached the authorities on
20.01.2026 contending that the orders passed under Sections 14B
and 7Q were never served and were issued in violation of the
principles of natural justice, whereupon copies of the said orders
were furnished to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner
Company is willing to pay the entire outstanding amount in 36
installments and, therefore, prays that this Court may permit the
petitioner Company to make payment in 36 installments to the
respondent EPF Organisation. It is further submitted that the 2nd
respondent Organisation provides an installment facility as per
Circular No. RRC/28(23)06/BIFR/23781, dated 11.02.2014, which
reads as follows:
“2. The proposal for further revising the conditions for grant
of installments to the establishments for liquidating the arrears
was placed before the Central Board of Trustees in its 202nd
meeting held on 13.01.2014 and the Central Board acceded to the
proposal. The following terms and conditions are now prescribed
for allowing the establishments desirous to avail installment
facility to liquidate the arrears in 36 installments:
a) The facility of installment shall be available to both un-exempted
as well as exempted establishments.
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b) The facility of installment shall cover unpaid employees as well
as employer’s share of PF contribution, damages, interest.
c) Current contributions and employer’s share shall be paid
regularly by 15th of each month.
d) Each installment shall be paid along with interest under Section
7Q of the month along with current contributions.
e) A revolving bank guara