M/S.Mitsubishi Heavy v. The Regional Provident Fund

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.No.5664 of 2015 and M.P.Nos.1 & 2 of 2015 M/s.Mitsubishi Heavy Industries India Precision Tools Limited, No.2, SIPCOT Industrial Complex, Ranipet-632 403.

Rep., by its General Manager (HRD).

.. Petitioner -vsThe Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Sub-Regional Office S-1, TNHB, Phase-III, Sathuvachari, Vellore District-632 009.

.. Respondent Petition under Article 226 of the Constitution of India praying for issuance of Writ of of Mandamus forbearing the respondent from continuing the proceedings in No.TN/VL/9925/ENF/D-1/2014 dated 12.11.2014 and initiating any enquiry.

For Petitioner :

Mr.Anand Gopalan For M/s.T.S.Gopalan & Co.

For Respondent :

Ms.V.J.Latha ******

ORDER

Learned counsel for the writ petitioner fairly states that the Hon'ble Supreme Court decided the issue in respect of contribution of allowances and held that such allowances are also to be included along with basic wages for the purpose of calculating contribution.

2.In view of the above position, the present writ petition deserves no merit consideration. The respondent is at liberty to proceed against the writ petitioner by following the procedures contemplated in the Act and Rules. https://hcservices.ecourts.gov.in/hcservices/

3.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar abr To The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Sub-Regional Office S-1, TNHB, Phase-III, Sathuvachari, Vellore District-632 009.

+1cc to Mr.V.J.Latha, Advocate, SR.No.92716.

JP (CO) CSR(12/12/2019) W.P.No.5664 of 2015 https://hcservices.ecourts.gov.in/hcservices/