M/S.Parveen Travels(P) Ltd v. Regional Provident Fund Commissioner- I
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI M/s.Parveen Travels (P) Ltd., AB Towers, No.148, Perambur Barracks Road, Purasawalkam, Chennai- 600 007.
and is represented by its Managing Director Mr.Afzal S/O Allah Baksh ... Petitioner Vs.
The Regional Provident Fund Commissioner - I, Employees' Provident Fund Organisation, Regional Office, Chennai (North), Royapettah High Road, Chennai - 600 014.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondent to lift its prohibitory orders in E.P.F.C.P No.
TN/CHNI/Recy/TNMAS0050550000/Regl/2024 dated 16.12.2024 as ordered by this Court in W.P.No.2613 of 2025 dated 31.01.2025. For Petitioner : Mr.K.Rangesh For Respondent : Mr.K.Venkatesan Standing Counsel ***** Page No.1 of 6
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondent to lift its prohibitory orders in E.P.F.C.P 3 No. TN/CHN-1/Recy/TNMAS0050550000/Regl/2024 dated 16.12.2024 as ordered by this Court in W.P.No.2613 of 2025, dated 31.01.2025.
2. Mr.K.Venkatesh, learned Standing Counsel, accepts notice on behalf of the respondent. In view of the consent expressed by the learned counsel appearing for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that this Court in W.P.No.2613 of 2025, dated 31.01.2025, directed the respondent to defreeze the Petitioner's bank account and lift the prohibitory orders issued to its customers on 16.12.2024. This Court also permitted the petitioner to pay the outstanding EPF dues in 18 equal monthly installments starting from 15.02.2025 and restrained the respondent from taking coercive actions. Despite receiving the court's order and several communications from the petitioner, the respondent de-freezed the account only on 14.02.2025, causing operational hardships. Furthermore, the respondent continues to Page No.2 of 6
pressurize the petitioner's customers to deposit dues directly into the EPF account, in violation of the direction issued by this Court. Hence, the present writ petition has been filed.
4. Learned counsel for the petitioner submitted that the respondent being a quasi-judicial authority is bound to obey the order of this Court. By not lifting the prohibitory orders even after the receipt of the order of this Court and even after the receipt of several remainders from the petitioner, the respondent had willfully disobeyed the order of this Court and the wilful disobedience of the respondent continues till date. He further submitted that the petitioner is financially choked with the continuance of the prohibitory orders of the respondent despite the orders of this Court as it has no other source of income other than the payment made by its customers for the transport operational service rendered by the petitioner. Accordingly, he prays for allowing the writ petition.
5. Learned counsel appearing for the respondent submitted that the order passed by this Court dated 31.01.2025 is scrupulously followed by defreezing the bank account of the petitioner and the show cause notice was also lifted on 14.02.2025. Hence, he submitted that the order passed Page No.3 of 6
by this Court has been complied. If the petitioner is aggrieved that the order of this Court is not complied by the respondent, they have to file a contempt petition before this Court. However, filing the present writ petition is not sustainable. Accordingly, he prays for dismissal of the writ petition.
6. Heard the learned counsel appearing for the parties and also perused the materials available on record.
7. Admittedly, this Court has passed an order dated 31.01.2025 in W.P.No.2613 of 2025, directing the petitioner to pay the outstanding EPF dues in 18 equal monthly installments and so long as the petitioner concern pay monthly installments, the respondent shall not take any coercive action including freezing of the bank of the petitioner and listed the prohibitory order and freezing of the bank account mentioned in the show cause notice mentioned therein. However, it is stand of the learned Standing Counsel for the respondent that the respondent-EPF authorities have complied with the above order passed by this Court. If at all the petitioner is aggrieved as if the respondent has not complied with the order passed by this Court dated 31.01.2025, the petitioner has to file a Page No.4 of 6
contempt petition before this Court. Without doing so, filing the present writ petition seeking compliance of the above order passed by this Court is per se unsustainable. Hence, this writ petition is liable to be dismissed.
8. Accordingly, this Writ Petition is dismissed. No costs. 12.03.2025 Index : Yes / No Speaking order / Non-speaking order sp To The Regional Provident Fund Commissioner - I, Employees' Provident Fund Organisation, Regional Office, Chennai (North), Royapettah High Road, Chennai - 600 014.
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M.DHANDAPANI, J.
sp 12.03.2025 Page No.6 of 6