M/S.Ramco Super Leather v. The Regional Provident Fund

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.Nos.1,1,1 and 2,2 and 2 of 2013 M/s.Ramco Super Leather Ltd., Bangalore Road, Karugambathur Vellore, Vellore District 632 013 ...

Petitioner in all W.Ps.

-Vs1.The Regional Provident Fund Commissioner Employees Provident Fund Organisation Sub Regional Office 31, Filterbed Road, Vellore 632 001.

2.The Assistant Provident Fund Commissioner & Recovery Officer, Employees Provident Fund Organization, Sub Regional Office 31, Filterbed Road, Vellore 632 001.

...

R1 & R2 in all W.Ps.

3.Recovery Officer Employees Provident Fund Organization, Sub Regional Office 31, Filterbed Road, Vellore 632 001.

4.The Assistant Provident Fund Commissioner (Recovery) Employees Provident Fund Organization, 37, Royapettah High Road Chennai - 600 014.

...

R3 & R4 in WP 32509/2013 Prayer in W.P.32509 of 2013 : Writ Petition under Article 226 of the Constitution of India

praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in proceedings No.TN/VLR/ SDC/19635/ 2011-12 dated 1.2.2012 and its consequential Recovery Proceedings of the 2nd respondent in proceedings NO. TN/ VL/19635/ RECY/2012 dated 23.4.2012 order of the 3rd respondent in proceedings NO. TN/ VLR/ 19635/ DIV./Recovery dated 1.5.2013 and order of the 4th respondent in proceedings No.CHN/ TN/23531 VL/19635 & AMB/ 23533/ Recovery/ Regl/2013 dated 30.10.2013 and quash the same and direct the respondents to hold an enquiry under section 14B of the act by affording personal hearing to the petitioner and pass a reasoned order before initiating any recovery proceedings against the petitioner. Prayer in W.P.

32510 of 2013 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in proceedings No.TN/VLR/ Circle : 6 / damages/TN/ 19635/CA/55 dated 23.2.2005 and its consequential Recovery Proceedings of the 2nd respondent in proceedings NO. TN/ VL/19635/ RECY/2011 dated 27.4.2011 10.10.2011 1.12.2011 28.12.2011 quash the same and direct the respondents to hold an enquiry under section 14B of the act by providing personal hearing to the petitioner and pass a reasoned order before initiating any recovery proceedings against the petitioner.

Prayer in W.P.32511 of 2013 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in proceedings No.TN/VLR/ Circle : 6 / damages/TN/ 19635/CA/ 2003 dated 8.12.2003 and its consequential Recovery Proceedings of the 2nd respondent in proceedings NO. TN/ VL/19635/ RECY/2011 dated 27.4.2011 10.10.2011 1.12.2011 28.12.2011 quash the same and direct the respondents to hold an enquiry under section 14B of the act by providing personal hearing to the petitioner and pass a reasoned order before initiating any recovery proceedings against the petitioner.

In all W.Ps.

For Petitioner : Mr.G.Anand Gopalan for M/s.T.S.Gopalan & Co., For Respondent : Mr.R.Thirunavukkarasu - for RR 1 and 2 C O M M O N O R D E R Mr.R.Thirunavukkarasu, learned counsel for the contesting respondents would submit that the writ petitioner has settled all the dues along with recovery charges. Even the recovery certificates that had been issued by the Regional Office have been withdrawn. Therefore, nothing remains for adjudication.

2. Mr.Anand Gopalan, learned counsel for the petitioner would submit that the payments were made without prejudice to the writ petitions and he is yet to ascertain from his client whether they are interested in pursuing the writ petitions.

3. Recording the above submissions, these writ petitions are disposed of. However, it is made clear that the respondents cannot initiate recovery proceedings on the basis of the impugned orders. In such eventuality, liberty is granted to the petitioner to make a mention to restore the writ petitions.

15.06.2023 Index : Yes/No KST To

1.The Regional Provident Fund Commissioner Employees Provident Fund Organisation Sub Regional Office 31, Filterbed Road, Vellore 632 001.

2.The Assistant Provident Fund Commissioner & Recovery Officer, Employees Provident Fund Organization, Sub Regional Office 31, Filterbed Road, Vellore 632 001.

3.Recovery Officer Employees Provident Fund Organization, Sub Regional Office 31, Filterbed Road, Vellore 632 001.

4.The Assistant Provident Fund Commissioner (Recovery) Employees Provident Fund Organization, 37, Royapettah High Road Chennai - 600 014.

V.LAKSHMINARAYANAN, J.

kst W.P.Nos.32509, 32510 & 32511 of 2013 15.06.2023