Pulsus Health Tech Llp v. The Regional Commissioner I (C And R)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and CMP.No.9134 of 2025 M/s.Pulsus Health Tech LLP, Represented by its Managing Partner, Mrs.Anitha Gedela, H.No-1-90/A, Plot No.20 & 21, Kavuri Hills, Guttala Begumpet, Madhapur, Hyderabad - 500 081.
... Appellant Vs.
1.
The Regional Commissioner - I (C & R) Employees Provident Fund Organisation, Regional Office, 3, Rajaji Road, Tambaram, Chennai - 600 045.
The Recovery Officer, Employees Provident Fund Organisation, Regional Office, 3, Rajaji Road, Tambaram, Chennai - 600 045.
... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 27.02.2025 passed in W.P.No.3688 of 2025. For Appellant : Mrs.Ramapriya Gopalkrishnan
For Respondents : Mr.R.Thirunavukarasu Standing Counsel for EPFO [For R1 & R2]
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The writ order dated 27.02.2025 passed in W.P.No.3688 of 2025 is under challenge in the present writ appeal.
The writ petitioner is the appellant before this Court. The writ petition was instituted challenging the intimation letter dated 24.10.2024 issued by the Recovery Officer, Regional Office, Tambaram. The impugned intimation letter in the writ petition reads as under: "The dues were collected through bank on 02.09.2024. Subsequently, the bank attachment was revoked by this office on 04.09.2024 whereas the order of Hon'ble High Court of Madras was received by this office on 19.09.2024. Hence, the order of Hon'ble High Court of Madras could not be complied." 3.
With reference to the above letter of communication, the learned
single Judge in the writ order impugned made a finding that the appellant has filed appeal in EPFA No.208 of 2024, challenging the order dated 09.02.2024, passed under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the prohibitory order dated 07.08.2024, passed by the Recovery Officer before the Central Government Industrial Tribunal at Chennai and the said proceedings are pending. Thus, the writ Court declined to adjudicate the issues, since the issues are one and the same.
4.
This Court is of the considered opinion that the letter of communication dated 24.10.2024 would not provide a cause perse for institution of writ proceedings. However, the writ Court recorded the fact that the appeal preferred by the appellant is pending before the competent Forum. That being so, the appellant is at liberty to adjudicate the issues on merits before the appellate forum in the manner contemplated.
With the above observations, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S,J.] [K.R.S,J.] 15.04.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The State Industrial Promotion Corporation of Tamil Nadu Ltd., (SIPCOT), Represented by its Chairman and Managing Director, 19A, Rukmani Lakshmipathi Road, P.No.7223, Egmore, Chennai - 600 008.
The Estate Officer, SIPCOT Industrial Park, Sriperumbudur Project Office, No.27/15, Tambaram Road, Pattunool Chathiram (Opp to BDO Office), Sriperumbudur - 602 105.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda 15.04.2025