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Madras High CourtWP/12209/2015closed

S. Gandhi Devadoss v. The Government Of Tamil Nadu,

2017-04-12Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.12209 of 2015 S.Gandhi Devadoss

...Petitioner

Vs.

1. The Government of Tamil Nadu, Rep.by its Secretary, Labour and Employment Department, Fort. St. Geroge, Chennai - 600 009.

2. Regional Provident Fund Commissioner - 1, EPFO, Regional Office, 3, Rajaji Office, Tambaram, Chennai - 600 045.

3. The Assistant Provident Fund Commissioner, Sub Regional Office, S-1. TNHB phase III, Sathuvachari, Vellore - 632 009.

4. The Secretary, Church of South India, Diocese Of Vellore, No.1/A, Officers Line, Vellore - 632 001.

...Respondents

Prayer: This writ petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus or any other Writ, or direction in the nature of writ, directing the 3rd and 4th Respondents to consider the representation of the petitioner dated 05.04.2015 and to provide the Employees Provident Funds details and to take suitable action against the 4th Respondent

for non payment of the employee's contribution to the 3rd Respondent and to take suitable action against the 3rd Respondent for not getting Employee`s contribution from the 4th Respondent for the Petitioner who has been working as a hostel warden in 4th Respondent's institution and to give the entire details of employees provident fund number, account, deposit, contribution and benefits, etc., and to provide the entire benefits and to release the amount to the petitioner. For petitioner : Mr. Terry Chella Raja For Respondents : Mr.E.Rani Selvam, Additional Government Pleader for R1.

Mr.K.Ramu - for R2&R3.

Mr.A.Adithya - for M/S. Paul & Paul for R4.

.. .. .. .. ..

O R D E R

Heard Mr.Terry Chella Raja, learned counsel appearing for the petitioner and Mr.E.Rani Selvam, learned Additional Government Pleader for the first respondent, Mr.K.Ramu, learned counsel appearing for the second and third respondents and Mr.A.Adithya, learned counsel appearing for the fourth respondent .

2.With grievance that an inquiry is mandate against respondent no.4 with reference to the payment of provident fund, the petitioner made a representation dated 05.04.2015 and on its non-consideration approached, this Court by way of filing this writ petition. Now an order has been passed by the official respondent under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 on 07.09.2016. 3.In such view of the matter, this writ petition stands closed giving liberty to the petitioner to challenge the said order, if he feels aggrieved. No costs.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar

To

1. The Government of Tamil Nadu, Rep.by its Secretary, Labour and Employment Department, Fort. St. Geroge, Chennai - 600 009.

2. Regional Provident Fund Commissioner - 1, EPFO, Regional Office, 3, Rajaji Office, Tambaram, Chennai - 600 045.

3. The Assistant Provident Fund Commissioner, Sub Regional Office, S-1. TNHB phase III, Sathuvachari, Vellore - 632 009.

4. The Secretary, Church of South India, Diocese Of Vellore, No.1/A, Officers Line, Vellore - 632 001.

+1cc to M/s.Paul & Paul, Advocate SR.No.22639 +1cc to M/s. Malar, Advocate SR.No.22389 +1cc to Mr.K.Ramu, Advocate SR.No.22356 +1cc to Government Pleader SR.No.22723 W.P.No.12209 of 2015 SDR 21.04.2017