M/S Madras Medical College Hostel For Men (Mess) v. The Assistant Provident Fund Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025 CORAM :

THE HON'BLE MR.JUSTICE M.DHANDAPANI M/s.Madras Medical College Hostel for Men[MESS] Old Central Jail Compound, Near Central Jail Park Town, Chennai - 600 003.

.. Petitioner

Versus

The Assistant 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, pleased to issue a Writ of Prohibition prohibiting the respondent from proceeding further in terms of order dated 10.12.2024 bearing Ref. No.TN/RO/CHN-I/CC-II/TNMAS0007440000/Div.12/PDC/2024 passed by the respondent under Section 14B of the Act claiming damages of Rs.18,25,317/- for the March 2016 to January 2024 until the disposal of the appeal filed under Section 7-I of the Act. For Petitioner : Mr.C.Manohar Gupta For Respondent : Mr.M.Palani Muthu Page No.1 of 5

ORDER

This Writ Petition is filed with a prayer to prohibit the respondent from proceeding further in terms of the order bearing Ref. No.TN/RO/CHN-I/CC-II/TNMAS0007440000/Div.12/PDC/2024, dated 10.12.2024.

2. The case of the petitioner is that when, by the order impugned, the damages under Section 14B of the Employees' Provident Funds and Miscellaneous Act, 1952 are determined to the extent of Rs.18,25,317/-, it is open to the petitioner to approach the Appellate Tribunal by way of an appeal under Section 7-I of the Act. Accordingly, the appellant already filed an appeal on 18.03.2025. Before the said appeal could be taken up and any orders with reference to interim stay are passed, on account of the non-availability of the Presiding Officer, the respondent authority is proceeding further.

3. In view thereof, this Court is of the view that one opportunity should be given to the petitioner to move their appeal. Therefore, the matter is taken up for disposal at the admission stage Page No.2 of 5

itself.

4. Mr.M.Palanimuthu, learned Counsel takes notice for the respondent and on instructions, submit that the huge amount is there as arrears and this Court should consider directing them to deposit atleast 50% of the said amount.

5. However, in view of the nature of the relief that is granted, this Court is not inclined to impose any condition, but, the Writ Petition is disposed of on the following terms as the amount of pre-deposit has to be determined by the exercise of the powers of the Tribunal itself.

6. This Writ Petition is disposed of on the following terms:- (i) The petitioner, by producing a copy of this order and by filing a memo, shall mention to the Presiding Officer (incharge), to take up the appeal for consideration for grant of the interim orders and upon filing of such memo, as and when sitting is held by any incharge Presiding Officer in the Appellate Tribunal, the appeal of the petitioner shall be taken for consideration for passing of interim orders; (ii) Until such date, when the Incharge Officer sits and takes up Page No.3 of 5

the matter, the respondent organisation shall not precipitate the matter further by taking any further coercive proceedings for recovering the amount;

(iii) All the contentions of both the parties are kept open to be submitted before the Appellate Tribunal;

(iv) There shall be no order as to costs.

20.03.2025 : no rap To The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, 37, Royapettah High Road, Chennai - 600 014.

Page No.4 of 5

M.DHANDAPANI, J.

RAP 20.03.2025 Page No.5 of 5