Madras High CourtWP/980/2017dismissed

Sudha English School, v. The Assistant Provident

2017-01-12Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.980 of 2017 & W.M.P.Nos.963 &964 of 2017 Sudha English School rep.by the Correspondent Mr.M.Latchumanan, M.Sc.,Agri.,DLL.DLIT., Thiruvannamalai Road, M.L.Nagar Thirukkanur 605 501 Pondicherry ..

Petitioner -vs1. The Assistant Provident Fund Commissioner (Comp) Sub Regional Office No.101, 100 Feet Road, Cholan Nagar Pondicherry

2. The Zonal Manager/Regional Manager Indian Bank, 100 Feet Road, ECR Pakkamudianpet Pondicherry

3. The Branch Manager Indian Bank Thirukkanur 605 501 Pondicherry ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records relating to the order of the first respondent vide No.TBM/SRO/PCY/PC/1057314/Comp/Div.IV/7A order/2016 dated 25.10.2016 and quash the same.

For Petitioner :: Mr.S.Gajendran

ORDER

The petitioner has wrongly come to this Court challenging the order dated 25.10.2016 passed by the Assistant Provident Fund Commissioner (Comp), Sub Regional Office, Pondicherry, instead of approaching the Employees' Provident Fund Appellate Tribunal. A reading of the last two paragraphs of the impugned https://hcservices.ecourts.gov.in/hcservices/

order also shows that the conclusions reached by the authority would be subject to re-opening the case under Section 7C of the Employees' Provident Funds and Miscellaneous Provisions Act 1952, if any new material evidence comes to the notice/knowledge at a later date and contradictory report received from the Enforcement Officer after verification of the Balance Sheet. Therefore, it is for the petitioner to work out its remedy before the Employees' Provident Fund Appellate Tribunal. With this observation, the writ petition stands dismissed. Consequently, W.M.P.Nos.963 & 964 of 2017 are also dismissed. Sd/-- Asst.Registrar /true copy/ Sub Asst. Registrar ss To

1. The Assistant Provident Fund Commissioner (Comp) Sub Regional Office No.101, 100 Feet Road, Cholan Nagar Pondicherry

2. The Zonal Manager/Regional Manager Indian Bank, 100 Feet Road, ECR Pakkamudianpet Pondicherry

3. The Branch Manager Indian Bank Thirukkanur 605 501 Pondicherry +1cc to Mr.S.Gajendran, Advocate sr.3172 W.P.No.980 of 2017 nm1(co) ss(6/2/2017) https://hcservices.ecourts.gov.in/hcservices/