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Madras High CourtWP/3587/2025disposed of

M/S. Cameo Corporate Services Limited v. The Regional Provident Fund Commission -I

2025-01-31Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.3969 of 2025 M/s.CAMEO CORPORATE SERVICES LIMITED Subramanian Building 1, Club House Road, Chennai 600 002 Represented by its Authorised Signatory Mr.K.Ramanathan ... Petitioner Vs.

1.The Regional Provident Fund Commissioner-I Regional Office, Chennai North Employees Provident Fund Organization 37, Royapettah High Road Chennai 600 014.

2.The Enforcement Officer Employees' Provident Fund Organization 37, Royapettah High Road Chennai 600 014.

....Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents from proceeding any further in terms of order under Section 7A the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 dated 24.10.2024 in Proceeding No.TN/RO/CHN-I/CC/DIV -17/40906/Enf/2024 in Diary No.626/2022 passed by the first respondent until the appeal filed by the petitioner before the Central Government Industrial Tribunal-cum-Labour Court, Chennai is taken up for admission.

For Petitioner : Mr.G.Anand Gopalan M/s.AGAM LEGAL For Respondents : Mr.R.Vishnu for R1 & R2

ORDER

This Writ Petition is filed forbearing the respondents from proceeding any further in terms of the order passed under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 dated 24.10.2024.

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2. It is the case of the petitioner that the petitioner has already filed an appeal before the Tribunal and since there is no Presiding Officer, the petitioner could not move the appeal and get interim order. In view thereof, the Writ Petition is filed.

3. The learned counsel for the respondents would submit that the petitioner has to deposit up to 75% of the amount and eventhough there is discretion to the Tribunal, this Court can consider imposing the appropriate amount by considering the total amount of dues, which is said to be a sum of Rs.1,84,79,944/-.

4. Considering the overall facts and circumstances of the case, there shall be an order of interim stay of all further proceedings until the appeal is disposed of on merits on condition that the petitioner deposits 30% of the total amount due on or before 06.03.2025. It is made clear that no further extension of time will be granted.

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5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 31.01.2025 dna To 1.The Regional Provident Fund Commissioner-I Regional Office, Chennai North Employees Provident Fund Organization 37, Royapettah High Road Chennai 600 014.

2.The Enforcement Officer Employees' Provident Fund Organization 37, Royapettah High Road Chennai 600 014.

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D.BHARATHA CHAKRAVARTHY , J.

dna and WMP.No.3969 of 2025 31.01.2025 5/5