Five Member Committee Of The v. Regional Provident Fund
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2025
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27444 of 2012 Five Member Committee of the workers of Sri Seetha Venkatesh Mills Limited, No.11, Anbu Estate Extn. Birla Avenue, Kathirvedu, Chennai-66.
... Petitioner Vs.
1. The Regional Provident Fund Commissioner, Employees' Provident Fund, Sub Regional Office, Ambattur, R-40, A-1, TNHB Office cum Shopping /complex, Chennai-600 037.
2. Sri Seetha Venkatesh Mills Limited, Rep. By its Managing Director, 387, Sembium Road, Kathirvedu, Chennai-66.
3. The Authorised Officer, IFCI Limited, Continental Chambers, No.142, Mahatma Gandhi Road, Chennai-34.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent provident fund commissioner to recover the entire provident fund due from the second and third respondent and disburse the same to the petitioner members whose 1/4
names are given in the typed set of papers with 6% interest from the day it was due.
For Petitioner : Mr.V.Stalin for M/s.Row and Reddy For Respondents : Ms.Sunita Kumari R1 Mr.P.Ragunathan for M/s.T.S.Gopalan & Co. R3
ORDER
The Writ petition has been filed seeking a direction to the first respondent provident fund commissioner to recover the entire provident fund due from the second and third respondent and disburse the same to the petitioner members whose names are given in the typed set of papers with 6% interest from the day it was due.
2. It is the case of the petitioner that the petitioner and its member are employed with the second respondent. The second respondent have collected the provident fund contribution from the respective members of the petitioner Union and the same was not paid to the provident fund authority. Thereby, the present petition has been filed.
3. The learned counsel for the petitioner submitted that this Court may direct the first respondent to recover the provident fund from the second 2/4
respondent and pass appropriate orders within the stipulated time as fixed by this Court.
4. In view of the limited request sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, is inclined to issue a direction to the first respondent to conduct enquiry whether any contribution has collected from the member of the petitioner Union by the second respondent or not and to conclude the proceedings within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is also closed. No costs. 14.02.2025 rli To The Regional Provident Fund Commissioner, Employees' Provident Fund, Sub Regional Office, Ambattur, R-40, A-1, TNHB Office cum Shopping /complex, Chennai-600 037.
M.DHANDAPANI,J.
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