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Madras High CourtWP/7692/2019disposed of

M/S.Johnson Lifts Private Limited v. The Regional Provident Fund Commissioner - I,

2019-03-15Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

15.03.2019 Coram The Hon'ble Mr.Justice V.PARTHIBAN W.P.No.7692 of 2019 and W.M.P.No.8327 of 2019 M/s.Johnson Lifts Pvt.Limited, rep.by its Corporate Head-HR 17, Poonamallee Bye Pass Road Poonamallee, Chennai 56.

... Petitioner vs.

1.The Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, Regional Office, Ambattur, R40, A-1, TNHB Office-cum-Shopping Complex, Mugappair East, Chennai-600 037 2.Inspectors/Enforcement Officers Employees' Provident Fund Organisation, Regional Office, Ambattur, R40, A-1, TNHB Office-cum-Shopping Complex, Mugappair East, Chennai-600 037 .... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the first respondent dated 27.02.2019 order passed under Section 7A of Employees Provident Fund Act, vide Proceedings No.TN/RO/AMB/CC-II/A-8/7542/20919, and quash the same.

For Petitioner ..

Mr.Anand for M/s.T.S.Gopalan and Co., For Respondents ... Mr.J.Sathyanarayanan Prasad Standing Counsel for respondents

ORDER

The present writ petition is filed against the order passed by the first respondent, dated 27.02.2019. According to the petitioner, he has not been given any opportunity before the https://hcservices.ecourts.gov.in/hcservices/

impugned order came to be issued by the authority. Therefore, there is violation of natural justice and hence, the present writ petition has been filed.

2.When this Court expressed its view that there is an appeal remedy available against the order passed by the first respondent, the learned counsel for the petitioner would submit that the petitioner may be given liberty to file Review against the order impugned in the present writ petition, since no opportunity has been afforded to the petitioner. 3.Granting liberty to the petitioner to approach the authority, who passed the impugned order, by filing Review, the present writ petition is disposed of at the admission stage itself. No costs. Connected miscellaneous petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, Regional Office, Ambattur, R40, A-1, TNHB Office-cum-Shopping Complex, Mugappair East, Chennai-600 037 2.

Inspectors/Enforcement Officers Employees' Provident Fund Organisation, Regional Office, Ambattur, R40, A-1, TNHB Office-cum-Shopping Complex, Mugappair East, Chennai-600 037 +1 CC to Mr.J.Sathyanarayana Prasad, Advocate sr 24930. +1 CC to Mr.T.S.Gopalan & Co sr 24615.

W.P.No.7692 of 2019 SV(CO) SP(25/04/2019) https://hcservices.ecourts.gov.in/hcservices/