The Tamil Nadu Industrial Co-Op Bank Ltd v. The Assistant Provident Fund Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN and WMP.No.2589 of 2024 The Tamil Nadu Industrial Co-op., Bank Ltd., Rep.by its Branch Manager No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

... Petitioner Vs.

The Assistant Provident Fund Commissioner Office of the Employees' Provident Fund Organisation (Ministry of Labour and Employment Govt. of India) Regional Office, Chennai North No.37, Royapettah High Road Chennai 600 014.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in proceedings dated 10.01.2024 bearing 1/4

No.CHN/TN/MAS/22178/D17/8F/RECOVERY/REGIONAL/2023 and to quash the same with consequential direction to reconsider the same by the respondent for excluding interest, penalty and damages in respect of the paid EPF contributions.

For Petitioner : Mr.P.Haribabu For Respondents : Mr.K.Venkatesan Standing Counsel

ORDER

This Writ Petition has been filed challenging the proceedings of the respondent dated 10.01.2024 in HN/TN/MAS/22178/D17/8F/RECOVERY /REGIONAL/2023.

2. The learned counsel for the petitioner is present and the learned counsel for the respondent appeared through Video Conference.

3. While granting an order of interim stay on 02.02.2024, the petitioner was directed to deposit a sum of Rs.75,60,060/- and the petitioner has deposited the same and thus complied with the interim direction. 2/4

4. It is submitted by the learned counsel for the petitioner that the petitioner preferred a statutory appeal before the Central Government Industrial Tribunal-cum-Labour Court, Chennai and the said appeal was numbered as EPFA.No.60 of 2024. Once a statutory appeal has been preferred, the relief sought for by the petitioner in this Writ Petition become infructuous.

5. Accordingly, this Writ Petition is disposed of as infructuous and the stay which is granted on 02.02.2024 is made absolute. No costs. Consequently, connected Miscellaneous Petition is closed. 07.06.2024 Index : Yes / No Internet : Yes / No dna To The Assistant Provident Fund Commissioner Office of the Employees' Provident Fund Organisation (Ministry of Labour and Employment Govt. of India) Regional Office, Chennai North No.37, Royapettah High Road Chennai 600 014.

3/4

Dr.D.NAGARJUN, J.

dna and WMP.No.2589 of 2024 07.06.2024 4/4