Arms Builders Private Limited v. The Employees Provident Fund Organisation

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.6245 of 2018 ORDER:

In the present writ petition, the very initiation of proceedings vide No.TS/1012046/ENF-C-I/Z-3/2017 under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'the Act') and the proceedings of Respondents 2 and 3 vide No.1012046/EO/HY/Circle501/T-3/2017 dated 25.1.2018 are under challenge. Admittedly, in the present writ petition, enquiry under Section 7A of the Act is pending consideration before the appropriate authority and no final orders have been passed by the authority so far. In the considered opinion of this Court, there is no cause of action for the petitioner to file the present writ petition before this Court. It is the submission of the learned Standing Counsel Sri T.

Balaji, appearing for Respondents 1 and 2 that the Respondent authorities will proceed with the matter strictly in accordance with law. Having heard the learned counsel for the petitioner and the learned Standing Counsel for Respondents 1 and 2, this Court deems it appropriate to dispose of the writ petition with a direction to the 1st respondent to proceed with enquiry under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and to pass final orders after considering the material available on record and after giving opportunity to all the stakeholders.

The writ petition is accordingly disposed of. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date: 26.2.2018 DA

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.6245 of 2018 26.2.2018 DA