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Madras High CourtWP/1486/2015dismissed

M/S.Halidon Marketing Limited v. The Assistant Provident Fund

2019-10-31Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31-10-2019 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.1486 of 2015 And M.P.No.1 of 2015 M/s.Halidon Marketing Limited, No.6, Murugesan Street, Shenoy Nagar, Chennai-600 030 Represented by its Managing Director A.Palaniappan.

..

Petitioner vs.

The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, 37, Royapettah High Road, Chennai-600 014.

.. Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondent from continuing the proceedings and initiating any recovery pursuant to the proceedings No.CHN/TN/56517CCII(22)/Eng /Regl/2014 dated 12.09.2014.

For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan and Co.

For Respondent : Mr.T.R.Sundaram

O R D E R

The order dated 12.09.2014 issued by the respondent initiating proceedings under Section 7-A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, claiming contribution of allowances, is under challenge in the present writ petition.

2. The issue with reference to claiming of contribution of allowances was already decided by the Hon'ble Supreme Court https://hcservices.ecourts.gov.in/hcservices/

in a judgment dated 28.02.2019.

3. In view of the abovesaid judgment of the Hon'ble Supreme Court, the respondent is at liberty to proceed against the writ petitioner by following the procedures contemplated under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 as well as the Rules.

4. With the above observations, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar Svn To The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, 37, Royapettah High Road, Chennai-600 014.

+1cc to Mr.T.R.Sundaram, Advocate, S.R.No. 90776 WP 1486 of 2015 AD(CO) GN(28/11/2019) https://hcservices.ecourts.gov.in/hcservices/