Madras High CourtWP/1974/2021disposed of

C.H.02, Chennimalai Siragiri Murugan v. The Regional Provident Fund Commissioner,

2021-02-04Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.02.2021

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.No.1974 of 2021 & W.M.P.No.2235 of 2021 C.H.02, Chennimalai Siragiri Murugan Handloom Weaver's Co-operative Production and Safe Society Rep. By its President N.Elangovan S/o Natarajan No.57, East New Street, Chennimalai-638 051 Perundurai Taluk, Erode District.

.. Petitioner Vs.

1.The Regional Provident Fund Commissioner Employees Provident Fund Organization Regional Office, S.J.Plaza Swarnapuri, Salem-4

2. The Assistant Provident Fund Commissioner Regional Office Steel Plant Road, Thalavaipatti, Salem-636 302 3.The Enforcement Officer Employees Provident Fund Organization District Office, Erode, Erode District .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from taking any corrosive actions against the petitioner society and its Board of Directors. For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Thirunavukkarasu, Standing Counsel

O R D E R

The grievance of the petitioner is that during the pendency of the proceedings U/s. 7(A) Employees Provident https://hcservices.ecourts.gov.in/hcservices/

Funds and Miscellaneous Provisions Act, 1952, (hereinafter referred to as the 'Act') the officials of the respondents organization are taking coercive steps.

2. Admittedly, the enquiry U/s.7(A) of the Act is pending from 25.11.2019. Learned counsel for the petitioner would vehemently contend that the regular employees have already paid the contribution and for coolie employees who goes to work under different employers on day to day basis, the respondents organization is compelling them to pay the contribution and taking coercive steps.

3. Considering the facts and circumstance of the case, the 2nd respondent is directed to consider the grievances raised by the petitioner by affording opportunity of personal hearing and to complete the enquiry U/s. 7(A) of the Act and pass orders within a period of three months from the date of receipt of a copy of this order.

It goes without saying till the order is passed no coercive steps shall be taken. Writ petition is disposed of with the above directions. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kpr To 1.The Regional Provident Fund Commissioner Employees Provident Fund Organization Regional Office, S.J.Plaza Swarnapuri, Salem-4

2. The Assistant Provident Fund Commissioner Regional Office Steel Plant Road, Thalavaipatti, Salem-636 302

3. The Enforcement Officer Employees Provident Fund Organization District Office, Erode, Erode District GP(CO) SM/02/03/2021 W.P.No.1974 of 2021 & W.M.P.No.2235 of 2021 https://hcservices.ecourts.gov.in/hcservices/