Telangana High Court
Pragathi Degree And Junior College, vs The Commissioner, on 8 September, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.29004 of 2010
ORDER:
Despite listing the matter under the caption 'for dismissal', even today, there is no representation on behalf of the petitioner.
2. This writ petition is filed to declare the action of the second respondent in passing the impugned orders No.AP 28990/ P.D./Cell/RO/Hyd/T.5/2010/938, Dt.21.09.2010 under Section 14(B) and 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Prohibitory order Ref.No.AP/Hy/28990/PD Cell/ RO/Hyd/ T-2010/1079, Dt.21.10.2010 are illegal, unjust, contrary to law, in violation of the provisions of the Act 14(B) and 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the Employees Pension Scheme, 1995 and the Employees Linked Insurance Scheme, 1976 for the period 9/98 to 10/2007 (except 11/99) awarding damages of Rs.80,237/- and awarding interest of Rs.32,704/- in total an amount of Rs.1,12,941/-.
3. Perusal of the record would reveal that the 2nd respondent had passed the impugned order dated 2 21-09-2010 under Section 14(B) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short, 'the Act') determining an amount of Rs.32,704/- towards damages under Section 14(B) of the Act and an amount of Rs.80,237/- towards interest under Section 7Q of the Act.
4. Order passed under Section 14(B) of the Act is an appealable order and appeal lies under Section 7(I) of the Act. However, against the order passed under Section 7Q of the Act no appeal lies. However, it is a composite order. It is relevant to note that in Arcot Textiles Mills Ltd. V. Regional Provident Fund Commissioner & Ors.,1 the Hon'ble Apex court held:
"i. An order passed under Sections 7A and 7Q together, is a composite order and is appealable under Section 7I;
ii. If any other composite order is passed, one facet of which is appealable, then even qua the other facet for which appeal is not provided, the appeal would be maintainable, if the order is composite; iii. If an independent order is however passed, no appeal would be maintainable in respect of the interest component under Section7Q."1
(2013) 16 SCC 1 3 As stated supra, it is a composite order. Therefore, the petitioner herein has to prefer an appeal challenging the said Composite order dated 21-09-2020 passed under Sections 14(B) and 7Q of the Act.
5. In view of the same, this Writ Petition is disposed of granting liberty to the petitioner to take steps, in accordance with law. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J September 08, 2022 PN 4 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.29004 of 2010 September 08, 2022 PN