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Madras High CourtWP/18766/2016withdrawn dismissed

Hill Country Hotels And v. The Authorised Officer/

2022-06-13Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 18766 of 2016 and W.M.P. No. 16379 of 2016 Hill Country Hotels and Resorts India Ltd., Represented by its Managing Director, Mr. George Koshy, Registered Office at No. 22/9, Jaganathan Road, Nungambakkam,Chennai - 600 034.

... Petitioner -vs1. The Authorized Officer / Regional Provident Fund Commissioner - II, Employees Provident Fund Organisation, No. 37, Royappettah High Road, Chennai - 600 014.

2. The Recovery Officer, Employees Provident Fund Organisation, No. 37, Royappettah High Road, Chennai - 600 014.

3. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, No. 37, Royappettah High Road, Chennai - 600 014.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records relating to the unsigned Proceedings of the Third Respondent herein in No. TN/(35818)D22/MAS/PDC/2015 dated 03.09.2015 received by the Petitioner on 11.03.2016 followed by the Recovery Certificate issued by the First Respondent in Proceedings No. TN/MAS/PDC/35818/RRC No. 831/2016 dated 28.04.2016 received by the Petitioner on 30.04.2016 and the consequential proceedings of the Second Respondent in No.

TN/CHN/Recy/TN/35818/Reg1/2016 dated 28.04.2016 received by the Petitioner on 27.05.2016.

For Petitioner :

Dr. R.Gouri For Respondents :

Mr. T.R.Sundaram

O R D E R

Heard Dr. R.Gouri, Learned Counsel for the Petitioner and Mr. T.R.Sundaram, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition challenges the Order No. TN/(35818)/ D-22/MAS/PDC/2015 dated 03.09.2015 passed by the Third Respondent levying penal damages under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act' for short), Recovery Certificate in Proceedings No. TN/MAS/PDC/35818/RRC No.

831/2016 dated 28.04.2016 issued by the First Respondent and the consequential Proceedings No. TN/CHN/Recy/CP1/TN/35818/RegL/2016 dated 28.04.2016 issued by the Second Respondent. 3.

Learned Counsel for the Respondents contends that the Petitioner was entitled to prefer appeal against that order dated 03.09.2015 under Section 7-I of the Act within a period of 60 days from the date of its receipt in terms of Rule 7(2) of the Employees' Provident Fund Appellate Tribunal (Procedure) Rules, 1997, before the Appellate Authority, who has been empowered to condone delay in filing such appeal for an extended period of 60 days, if sufficient cause for not preferring appeal within that period is made out.

4.

In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure for challenging the Order No. TN/(35818)/D-22/MAS/PDC/2015 dated 03.09.2015 passed by the Third Respondent under Section 14-B of the Act and she has made an endorsement to that effect in the court record.

5.

In the result, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing aforesaid remedy, the period from the date of filing of the Writ Petition, viz.,

02.06.2016, till the date on which certified copy of this order is made ready by the Registry, shall be excluded. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar True Copy// Sub Assistant Registrar vjt To

1. The Authorized Officer / Regional Provident Fund Commissioner - II, Employees Provident Fund Organisation, No. 37, Royappettah High Road, Chennai - 600 014.

2. The Recovery Officer, Employees Provident Fund Organisation, No. 37, Royappettah High Road, Chennai - 600 014.

3. The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, No. 37, Royappettah High Road, Chennai - 600 014.

Copy to The Section Officer, ER Section, High Court, Madras - 104.

Registry is directed to return the original copy of the impugned orders to the Petitioner under written acknowledgment after retaining a copy of the same for record.

+1cc to Mr. T.R.Sundaram, Advocate, S.R.No.34667 +1cc to Dr. R.Gouri, Advocate, S.R.No.34326 W.P. No. 18766 of 2016 PL[co] NSK/17/06/2022