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Madras High CourtWP/9278/2013dismissed

M/S. Iss Sdb Security Services v. The Regional Provident Fund

2019-11-20Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.11.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.9278 of 2013 M/s. ISS SDB Security Services Private Limited 4, 7th Avenue, Harrington Road Chetpet, Chennai- 600 031.

Rep.BY its Chief Executive Officer ..Petitioner vs The Regional Provident Fund Commissioner Employees Provident Fund Organisation 37 Royapettah High Road Chennai- 600 014.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandaumus calling for the records of the respondent in TN/CHN/Exem/7919/Regl/2013, quash its proceedings dated 06.03.2013 and direct the respondent not to continue the enquiry till such time the pronouncement of the judgment of the Supreme Court on the issue.

For Petitioner : Mr. Anand Gopalan for M/s. T.S. Gopalan and Co.

For Respondent : Mr. T.R. Sundaram

O R D E R

The relief sought for in the present Writ Petition is to quash the proceedings dated 06.03.2013 and direct the respondents not to continue the enquiry till such time the pronouncement of the Judgment of the Supreme Court on the issue is passed.

2. It is brought to the notice of this Court that the Hon'ble Supreme Court delivered a Judgment [reported in 2019 (2) CTC 302] dated 28.02.2019 in respect of the issue in relation to the coverage of Special allowance for the purpose of Provident fund Contribution under the Employees Provident Funds & Miscellaneous provisions Act, 1952.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the Judgment, no further consideration is required with reference to the grounds raised in the present Writ Petition and the respondents are at liberty to proceed by following the procedure contemplated under the Statutes.

4. With these observations, the Writ Petition stands dismissed. No costs. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mrn To

1. The Regional Provident Fund Commissioner Employees Provident Fund Organisation 37 Royapettah High Road Chennai- 600 014.

+1cc to Mr.T.S.Gopalan and co , Advocate SR.No. 96369 +2ccs to Mr.T.R.Sundaram , Advocate SR.No. 96974 W.P.No.9278 of 2013 A.SK(26/12/2019) https://hcservices.ecourts.gov.in/hcservices/