M/S.Salcomp Manufacturing v. The Assistant Provident Fund

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And M.P.Nos.1 and 2 of 2013 M/s.Salcomp Manufacturing India Pvt. Ltd., Rep. by its Authorized Signatory, Mr.C.R.Subramaniam ... Petitioner Vs.

1.The Assistant Provident Fund Commissioner Employees' Provident Fund Organization, R-40, A-1, TNHB Office-cum-Shopping Complex, Mugappair East, Chennai - 600 037.

2.Gunasekar ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the notice dated 23.09.2013 on the file of the first respondent quash the same and consequently forbear the first respondent from insisting the petitioner to attest the signature of the second respondent in Form 19 for settling the EPF claim of the second respondent without the presence of the second respondent. 1/4

For Petitioner : Mr.M.Vijayamehanath For Respondents : R1 - No Appearance R2 - Not Ready Notice

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the notice dated 23.09.2013 on the file of the first respondent quash the same and consequently forbear the first respondent from insisting the petitioner to attest the signature of the second respondent in Form 19 for settling the EPF claim of the second respondent without the presence of the second respondent.

2.The learned counsel appearing for the petitioner submitted that the petitioner sent suitable reply/ explanation dated 01.10.2013 to the notice of the first respondent dated 23.09.2013, however, the same was not considered, hence, this Court without going into the merits of the case, may issue direction to the first respondent to consider the petitioner's reply/ explanation dated 01.10.2013 and pass appropriate orders.

3.In view of the above, this Court without going into the merits 2/4

of the case and without interfering with the notice impugned in this writ petition, directs the first respondent to consider the petitioner's reply/ explanation dated 01.10.2013 and conclude the issue, within a period of four weeks from the date of receipt of a copy of this order. 4.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 26.02.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Assistant Provident Fund Commissioner Employees' Provident Fund Organization, R-40, A-1, TNHB Office-cum-Shopping Complex, Mugappair East, Chennai - 600 037.

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M.DHANDAPANI,J.

pri And M.P.Nos.1 and 2 of 2013 26.02.2025 4/4