Best Finance Corporation v. The Regional Provident Fund Commissioner-Ii
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.5793 of 2025 Best Finance Corporation Private Limited, Represented by its Director, Mr.P.S.Saravanan, No.89/2, Padmavathipuram, Avinashi Road, Tirupur - 641 603.
... Petitioner Vs.
The Regional Provident Fund Commissioner - II, District Office, No.497, First Floor, M/s.Muthusamy Bros Industrial Complex, Tiruppur - Palladam Road, Tiruppur - 641 604.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to close the enquiry and inspection in fair manner in Diary No.45/2024 as per the representation of the petitioner dated 17.12.2024 and 30.01.2025.
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For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.R.Vishnu *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondent to close the enquiry and inspection in fair manner in Diary No.45/2024 as per the representation of the petitioner dated 17.12.2024 and 30.01.2025.
2. Mr.R.Vishnu, learned counsel, accepts notice on behalf of the respondent. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that, it is engaged in textile manufacturing business for the past 50 years and covered under Employees Provident Fund Act, 1952 and covered all eligible employees and remitted the contribution within the stipulated time. One of the exemployee of the petitioner made a complaint before the respondent and Page No.2 of 5
the same was taken on file in Diary No.45/2024. However, in the said case, no order was passed, thereby, the petitioner made representations dated 17.12.2024 and 30.01.2025 requesting to close the enquiry. Since the same was not considered, the petitioner filed this writ petition before this court.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondent to close the enquiry and inspection in fair manner in Diary No.45/2024 as per the representations of the petitioner dated 17.12.2024 and 30.01.2025, within a time frame that may be stipulated by this court.
5. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the respondent to consider the representations of the petitioner dated 17.12.2024 and 30.01.2025 on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any. Page No.3 of 5
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M.DHANDAPANI, J.
sp
6. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 14.02.2025 Index : Yes / No Speaking order / Non-speaking order sp To The Regional Provident Fund Commissioner - II, District Office, No.497, First Floor, M/s.Muthusamy Bros Industrial Complex, Tiruppur - Palladam Road, Tiruppur - 641 604.
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