Employees Provident Fund Organisation vs A P State Financial Corporation on 3 July, 2026

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    Andhra Pradesh High Court – Amravati

    Employees Provident Fund Organisation vs A P State Financial Corporation on 3 July, 2026

    Date of reserved for orders   : 16.10.2025
    Date of pronouncement         : 03.07.2026
    Date of uploading             : 06.07.2026
    
    APHC010263582013
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                  [3459]
                              (Special Original Jurisdiction)
    
    
                        FRIDAY, THE 3rd DAY OF JULY 2026
                                   PRESENT
             THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
                WRIT PETITION Nos.34772, 36137 & 36435 of 2013
    WRIT PETITION No.34772 of 2013
    Between:
       1.     EMPLOYEES PROVIDENT FUND ORGANISATION,, REP. BY
              ASSISTANT PROVIDENT FUND COMMISSIONER,     SUB
              REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND
              ORGANIZATION,   VUDA   LAYOUT,   NAD      POST,
              VISAKHAPATNAM.
                                                           ...PETITIONER
                                     AND
       1.     A P STATE FINANCIAL CORPORATION, REP BY ITS BRANCH
              MANAGER, NEWRESAPUVANI PALLEM,       NEAR DOCTOR
              BULLAYYA COLLEGE, VISHAKAPATNAM-13
       2.     M/S GURU RAGHAVENDRA ENGG WORKS P LTD, SRI HD
              GOVIDAPPA   MD,   KALIDAS    NAGAR, PARIKTREY,
              CHIEKMONGALURU. DISTRICT KARNATAKA
       3.     EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,
              REP. BY ITS REGISTRAR, (MINISTRY OF LABOUR AND
              EMPLOYMENT, GOVT. OF INDIA) 4TH FLOOR, CORE 2,
              SCOPE MINAR, LAXMINAGAR, DELHI. 110 092.
                                                     ...RESPONDENT(S):
                                           2
                                                                                         JS,J
                                                         W.P.Nos.34772, 36137 & 36435 of 2013
    
    
          Petition under Article 226 of the Constitution of India praying that in
    the circumstances stated in the affidavit filed therewith, the High Court may
    be pleased to issue any writ or order or direction more particularly in the
    nature of Certiorari to call for records in ATA No.86(1)2012 on file of 3rd
    respondent appellate Tribunal and declare the impugned orders in said
    appeal No.ATA No.86(1)2012 dt.7-12-2012 as illegal, unjust and quash the
    same and consequently uphold the recovery notice/prohibitory orders
    issued by the EPFO
    IA NO: 1 OF 2013(WPMP 43241 OF 2013
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to suspend the operation of impugned orders of the Employees
    Provident Fund Appellate Tribunal in ATA No.86(1)2012 dt.7-12-2012
    pending disposal of Writ petition in the interest of justice
    IA NO: 1 OF 2014(WVMP 224 OF 2014
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to vacate the interim orders passed by this Hon'ble court dt.
    03.12.2013 in WPMP No. 43241 of 2013 in W.P. No. 34772 of 2013 and
    pass
    Counsel for the Petitioner:
       1.    T BALAJI(SC FOR EPFO)
    Counsel for the Respondent(S):
       1.    Y N LOHITA
       2.    G R SUDHAKAR
    WRIT PETITION No.36137 of 2013
    Between:
       1.    EMPLOYEES PROVIDENT FUND ORGANIZATION, REP.BY
             ASSISTANT  PROVIDENT   FUND  COMMISSIONER,SUB
             REGIONAL   OFFICE,EMPLOYEES  PROVIDENT  FUND
             ORGANIZATION,   VUDA    LAYOUT,   NAD   POST,
             VISAKHAPATNAM
                                                                     ...PETITIONER
                                           3
                                                                                         JS,J
                                                         W.P.Nos.34772, 36137 & 36435 of 2013
    
    
                                        AND
       1.    AP STATE FINANCIAL CORPORATION, REP.BY ITS BRANCH
             MANAGER, NEWRESAPUVANI     PALLEM, NEAR DOCTOR
             BULLAYYA COLLEGE, VISAKHAPATNAM-13
       2.    M/S BHARATHI PRECISION TOOLS P LTD, SHRI K.MADHAVA
             RAO, DIRECTOR, S/O.RAMAKRISHNA, M-80, HILL TOWNSHIP,
             SUNABEDA 762002, ORISSA STATE
       3.    EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,
             REP.BYITS REGISTRAR, (MINISTRY OF LABOUR AND
             EMPLOYMENT GOVT OF INDIA), 4TH FLOOR, CORE 2,
             SCOPE MINAR, LAXMINAGAR, DELHI-110092
                                                            ...RESPONDENT(S):
          Petition under Article 226 of the Constitution of India praying that in
    the circumstances stated in the affidavit filed therewith, the High Court may
    be pleased to issue any writ or order or direction more particularly in the
    nature of certiorari to call for records in ATA.No.85(1) 2012 on file of 3rd
    respondent appellate Tribunal and declare the impugned orders in said
    appeal No.ATA .No.85(1)2012 dated 7.12.2012 as illegal, unjust and quash
    the same and consequently uphold the recovery notice/prohibitory orders
    issued by the EPFO and pass
    IA NO: 1 OF 2013(WPMP 44924 OF 2013
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to suspend the operation of impugned orders of the Employees
    Provident Fund Appellate Tribunal in ATA.No.85(1)2012 dated 7.12.2012
    pending disposal of the writ petition
    IA NO: 1 OF 2014(WVMP 263 OF 2014
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to vacate the interim orders passed by this Hon'ble Court dt.
    11.12.2013 in W.P.M.P. No. 44924 of 2013 in W.P. No. 36137 of 2013 and
    pass
    IA NO: 1 OF 2018
                                           4
                                                                                         JS,J
                                                         W.P.Nos.34772, 36137 & 36435 of 2013
    
    
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to expedite hearing of the writ petition post the same in the third
    week of August 2018 and pass
    Counsel for the Petitioner:
       1.    T BALAJI(SC FOR EPFO)
    Counsel for the Respondent(S):
       1.    Y N LOHITA
       2.    G R SUDHAKAR
    WRIT PETITION No.36435 of 2013
    Between:
       1.    EMPLOYEES PROVIDENT FUND ORGANISATION., REP. BY
             ASSISTANT PROVIDENT FUND COMMISSIONER, SUB
             REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND
             ORGANIZATION.  VI...DA  LAYOUT.  NAD      POST.
             VISAKHAPATNAM.
                                                                     ...PETITIONER
                                        AND
       1.    A P STATE FINANCIAL CORPORATION, REP BY ITS BRANCH
             MANAGER. NEWRESAPUVANI PALEM, NEAR DOCTOR
             BULLAYYA COLLEGE. VISHAKAPATNAM-13
       2.    M/S NITASHA VENEER INDUSTRIES PVT LTD, SRI PRAKSH
             DWARAKA DAS WADHWA. DIRECTOR C 3/7. KHAIRA NAGAR,
             SV ROAD SANTHA CRUZ MUMBAI-54.
       3.    EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,
             REP. BY ITS REGISTAR. (MINISTRY OF LABOUR AND
             EMPLOYMENT. GOVERNMENT OF INDIA) 4TH FLOOR. CORE
             2. SCOPE MINAR. LAXMI NAGAR, DELHI 11092
                                                            ...RESPONDENT(S):
          Petition under Article 226 of the Constitution of India praying that in
    the circumstances stated in the affidavit filed therewith, the High Court may
    be pleased to issue any writ or order or direction more particularly in the
                                           5
                                                                                         JS,J
                                                         W.P.Nos.34772, 36137 & 36435 of 2013
    
    
    nature of Certiorari to call for records in ATA No.84( 1 )2012 on file of 3rd
    respondent appellate Tribunal and declare the impugned orders in said
    appeal No.ATA No.84(1)2012 dt.7-12-2012 as illegal. unjust and quash the
    same and consequently uphold the recovery notice/prohibitory orders
    issued by the EPF0
    IA NO: 1 OF 2013(WPMP 45280 OF 2013
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to suspend the operation of impugned orders of the Employees
    Provident Fund Appellate Tribunal in ATA No.84(1)2012 dt. 7- I 2-2012
    pending disposal or Writ petition in the interest of justice.
    IA NO: 1 OF 2014(WVMP 229 OF 2014
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to vacate the interim orders passed by this Hon'ble Court dt.12-12-
    2013 in WPMP No.45280 of 2013 in WP No.36435 of 2013
    IA NO: 1 OF 2018
         Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to expedite hearing of the Writ petition post the same in the third
    week of august 2018 and pass
    IA NO: 2 OF 2018
          Petition under Section 151 CPC praying that in the circumstances
    stated in the affidavit filed in support of the petition, the High Court may be
    pleased to expedite hearing of the writ petition and post the same in the
    third week of august 2018 and pass
    Counsel for the Petitioner:
       1.    T BALAJI(SC FOR EPFO)
    Counsel for the Respondent(S):
       1.    Y N LOHITA
       2.    G R SUDHAKAR
    This Court made the following:
                                              6
                                                                                                  JS,J
                                                                  W.P.Nos.34772, 36137 & 36435 of 2013
    
    
    COMMON ORDER:

    Since these three writ petitions arose from out of common order and

    the point involved is one and same, they are heard together and being

    SPONSORED

    disposed of by this common order.

    2. The petitioner, Employees Provident Fund Organization (EPFO), is

    challenging the validity of the orders dated 07.12.2012 passed by the 3rd

    respondent, Employees Provident Fund Appellate Tribunal, which

    erroneously set aside the recovery notices/prohibitory orders dated

    21.04.2011 issued by the petitioner to the Syndicate Bank,

    Visakhapatnam, with which the 1st respondent, Andhra Pradesh State

    Financial Corporation, maintained an account.

    3. For convenience, it is necessary to narrate the brief facts in

    W.P.No.36317 of 2013 for consideration.

    a) The 2nd respondent (M/s. Bharathi Precision Tools (P) Ltd.) is an

    establishment covered under the Employees‟ Provident Funds and

    Miscellaneous Provisions Act, 1952 (for short “the EPF Act, 1952). The 1st

    respondent had extended loan facility to the 2nd respondent.

    Subsequently, the 2nd respondent committed default in repaying the loan

    as well as depositing the statutory provident fund dues for the periods from

    February 1982 to February 1988 and from March 2000 to June 2000.

    Consequent to the default in repayment of the loan, the assets and
    7
    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    properties of the 2nd respondent, which were pledged as security with the

    1st respondent, were taken over and sold by the 1st respondent in auction.

    b) The petitioner sent a notice requesting the 1st respondent to pay the

    overdue provident fund amounts out of the proceeds of the sale of the

    pledged assets of the 2nd respondent.

    c) After the 1st respondent denied liability on 18.04.2011, the petitioner

    issued the impugned prohibitory orders on 21.04.2011. The 1st respondent

    subsequently agreed to settle the dues vide communication dated

    30.04.2011, leading to the Recovery Officer collecting a banker‟s cheque

    on 02.05.2011.

    d) After expiry of over one year, the 1st respondent preferred an Appeal

    before the 3rd respondent challenging the recovery proceedings/prohibitory

    order dated 21.04.2011. The appellate authority erroneously allowed the

    Appeal, holding that the recovery notice and prohibitory orders issued by

    the EPFO do not fall within the ambit of Section 17B of the Act, thereby

    necessitating the filing of the present writ petition by the petitioner.

    e) The main ground raised by the petitioner is that the 3rd respondent

    failed to consider the priority claim of EPF dues over other debts in terms

    of Section 11 (2) of the EPF Act, 1952, and further, the Act provides priority

    of EPFO dues over all other debts and the 3rd respondent, without

    considering the claims made by EPFO, has erroneously allowed the
    8
    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    appeal by referring to the provisions of Section 17B, which has no

    application to the facts of the case, as the claim of the EPFO is not under

    Section 17-B, but it is in terms of Section 11(2) of the EPF Act, 1952.

    4. This Court, having heard the submissions of Sri T.Balaji, learned

    counsel for the petitioners, and learned Standing Counsel for 1st

    respondent-Corporation, and having carefully perused the case records,

    proceeds to record its findings for the final disposal of the present writ

    petitions.

    5. Learned counsel for the petitioners has placed reliance on Para

    No.68 of the decision of the Hon‟ble Supreme Court in Maharashtra State

    Co-operative Bank Limited v. Assistant Provident Fund

    Commissioner and others1, wherein it was held as follows:

    “68. As mentioned earlier, sub-section (2) was inserted in Section
    11
    by the Amendment Act 40 of 1973 with a view to ensuring that
    payment of provident fund dues of the workers is not defeated by the
    prior claims of the secured and/or of the unsecured creditors. While
    enacting sub-section (2), the legislature was conscious of the fact
    that in terms of existing Section 11 priority has been given to the
    amount due from an employer in relation to an establishment to
    which any scheme or fund is applicable including damages
    recoverable under Section 14-B and accumulations required to be
    transferred under Section 15(2). The legislature was also aware that
    in case of delay the employer is statutorily responsible to pay
    interest in terms of Section 17. Therefore, there is no plausible
    reason to give a restricted meaning to the expression “any amount
    due from the employer” and confine it to the amount determined
    under Section 7-A or the contribution payable under Section 8.”

    1

    (2009) 10 Supreme Court Cases 123
    9
    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    a) The primary defence of the 1st respondent that it is a secured

    creditor holding pledged assets, cannot survive the mandate of Section

    11(2) of the EPF Act, 1952. Sec. 11(2) creates an absolute statutory „First

    Charge‟ on the assets of the establishment, which explicitly overrides all

    other debts, whether secured or unsecured.

    6. Per contra, learned counsel for the 1st respondent, while reiterating

    the averments in the counters, denied all the contentions raised by the

    petitioner. He further submits that the dues payable by the loanee were for

    the period from 1982 to 1990. The petitioner had failed to take action

    against the 2nd respondent-Establishment and, for the first time, by the

    order dated 21.04.2011, proceeded to attach the 1st respondent

    corporation’s bank account. The first charge claimed by the PF Authorities

    subsists or is effective only while the assets remain in the defaulting unit’s

    possession. The first charge contemplated in favour of the PF authorities,

    whether statutory or contractual, is liable to be enforced within a period of

    three years from the date the amounts fell due, under the Limitation Act.

    Further, the dues payable by the defaulting unit cannot be recovered from

    this respondent corporation, having regard to the involuntary sale lawfully

    affected by this respondent corporation, exercising the powers under

    Section 29 of the State Financial Corporations Act, 1951.
    10

    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    7. A few provisions of the EPF Act, 1952 warrant consideration prior to

    examining Section 8F of the Act, under which, in the considered view of

    this Court, the impugned orders appears to have been issued.

    8. In this regard, it is relevant to extract Sections 8F, sub-section (2) of

    Section 11, and Section 17B of the EPF Act, 1952 as under:

    i) Section 8F deals with other modes of recovery and reads as under:

    (1) Notwithstanding the issue of a certificate to the Recovery Officer
    under section 8B, the Central Provident Fund Commissioner or
    any other officer authorised by the Central Board may recover the
    amount by any one or more of the modes provided in this section.

    (2) If any amount is due from any person to any employer who is in
    arrears, the Central Provident Fund Commissioner or any other
    officer authorised by the Central Board in this behalf may require
    such person to deduct from the said amount the arrears due from
    such employer under this Act and such person shall comply with
    any such requisition and shall pay the sum so deducted to the
    credit of the Central Provident Fund Commissioner or the officer
    so authorised, as the case may be:

    Provided that nothing in this sub-section shall apply to any part of
    the amount exempt from attachment in execution of a decree of a
    civil court under section 60 of the Code of Civil Procecure, 1908 (5
    of 1908).

    ii) Section 11 of the EPF Act, 1952 provides for priority of payment of

    contributions over other debts and sub-section (2) of Section 11 reads as

    thus:

    “(2) Without prejudice to the provisions of sub-section (1), if any
    amount is due from an employer whether in respect of the employee‟s
    contribution (deducted from the wages of the employee) or the
    11
    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    employer’s contribution, the amount so due shall be deemed to be the
    first charge on the assets of the establishment, and shall,
    notwithstanding anything contained in any other law for the time being
    in force, be paid in priority to all other debts.”

    iii) Section 17B of the EPF Act,1952 reads as under:

    “Liability in case of transfer of establishment.–Where an employer, in
    relation to an establishment, transfers that establishment in whole or
    in part, by sale, gift, lease or licence or in any other manner
    whatsoever, the employer and the person to whom the establishment
    is so transferred shall jointly and severally be liable to pay the
    contribution and other sums due from the employer under any
    provision of this Act or the Scheme or the Pension Scheme or the
    Insurance Scheme, as the case may be, in respect of the period up to
    the date of such transfer:

    Provided that the liability of the transferee shall be limited to the value
    of the assets obtained by him by such transfer.”

    9. A thorough examination of Sections 8F, 11(2), and 17B of the EPF

    Act, 1952 shows that the employer’s responsibility to contribute and pay

    other dues arising from an establishment transfer is specifically outlined in

    Section 17B. In this case, the assets were sold. Although the employer did

    not carry out the transfer, the 1st respondent transferred the establishment

    to a third party after it was seized. The legal provisions do not suggest that

    transfers by entities other than an employer defined under the EPF Act are

    covered by Section 17B.

    10. Under Section 11(2) of the EPF Act, 1952, any amount owed by an

    employer by law constitutes a „first charge‟ on the company’s assets. This
    12
    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    gives the highest priority over other claims, irrespective of other applicable

    laws.

    11. By virtue of Section 11(2) of the EPF Act, 1952, any amount due

    from an employer constitutes a „first charge‟ on the assets of the

    establishment. This statutory charge overrides all other debts, whether

    secured or unsecured, it remains effective irrespective of whether the

    assets are in the active possession or position of the defaulting unit at the

    time of enforcement.

    12. The 1st respondent‟s contention that statutory or contractual liability

    under the EPF Act, 1952 cannot be enforced after three years by invoking

    the Limitation Act is legally untenable. It is settled law that recovery

    mechanisms under social welfare legislation, such as the EPF Act, are

    governed by their own special statutory frameworks and are not strictly

    barred by the standard three-year limitation period applicable to

    commercial civil debts.

    13. The factual matrix shows that the default pertains to two distinct

    spells i.e., from February 1982 to February 1988 and from March 2000 to

    June 2000. Although the 1st respondent initially resisted the notices dated

    02.03.2011 and 15.04.2011 calling them belated, the 1st respondent paid

    the entire default amount in May, 2011 after the issuance of prohibitory
    13
    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    orders dated 21.04.2011. This unconditional payment, without any formal

    protest, amounts to a constructive waiver of their earlier objections.

    14. The position of the EPFO authorities is completely protected by

    Section 17B of the EPF Act, 1952, which establishes joint and several

    liability during the transfer of an establishment. This Court relies on

    paragraph 68 of the ruling of the Hon‟ble Supreme Court in Maharashtra

    State Co-operative Bank referred to supra.

    15. The legislature deliberately declared that, irrespective of when a

    debt is created, dues under the EPF Act, 1952 would always remain a first

    charge and be paid first out of the establishment’s assets, overriding all

    provisions of other provincial or general enactments.

    16. In view of the foregoing discussion and since the underlying

    amounts have already been recovered and the law explicitly favours the

    priority of provident fund dues over any other claims, this Court is of the

    opinion that no surviving grievance or cause of action remains to be

    adjudicated in these matters.

    17. With the above observation, all the Writ Petitions are disposed of. No

    order as to costs.

    14

    JS,J
    W.P.Nos.34772, 36137 & 36435 of 2013

    As a sequel, miscellaneous applications, pending if any, shall stand

    closed.

    __________________________
    JUSTICE SUMATHI JAGADAM
    3rd July, 2026
    cbs

    Whether the order is:

     Speaking        -       Reasoned     Yes
    
     Reportable      -       Non-         Yes
                             Reportable
                                   15
                                                                                JS,J
                                                W.P.Nos.34772, 36137 & 36435 of 2013
    
    
    
    
          THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
    
    
    
    
    

    Writ Petition Nos.34772, 36137 and 36435 of 2023

    3rd July, 2026

    cbs



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