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Madras High CourtWP/22988/2015disposed of

M/S.Mettur Spinning Mills v. Central Provident Fund

2016-02-22Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-02-2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.22988 OF 2015 M/s.Mettur Spinning Mills Limited, rep.by its Director, Sri P.Srinivasan.

... Petitioner -Vs1. Central Provident Fund Commissioner, rep.by Mr.K.K.Jalan, Central PF Commissioner Office, Bihiji Cama Place, R.K.Puram, New Delhi.

2. The Regional PF Commissioner, rep.by Ms.C.Amudha, EPF Organization, Sub-Regional Office, S.J.Plaza, Swarnapuri, Salem-636 004.

3. The Recovery Officer, EPF Organization, Sub-Regional Office, S.J.Plaza, Swarnapuri, Salem-636 004.

... Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to refund the excess amount of Rs.25,00,000/- with interest at the rate of 12% p.a., and same may be adjusted and the excess payment of contribution against the interest amount due from the petitioner's Management now being payable as per the ATA Order No.364(13)/2013, dated 05.08.2013, before the Employees Provident Fund Appellate Tribunal, New Delhi.

For petitioner : Mr.S.Gunalan For respondents : Mrs.R.Meenakshi

O R D E R

Petitioner has filed this Writ Petition, praying for issuance of a writ of mandamus to direct the respondents to refund the excess amount of Rs.25,00,000/- with interest at https://hcservices.ecourts.gov.in/hcservices/

the rate of 12% p.a., and to adjust the excess payment of contribution against the interest amount due from the petitioner's Management now being payable as per the ATA Order No.364(13)/2013, dated 05.08.2013, before the Employees Provident Fund Appellate Tribunal, New Delhi.

2. Though the petitioner has prayed for a larger relief, this Court is of the view, that it would be appropriate to direct the respondents to consider the representations of the petitioner in accordance with law. Therefore, without going into the merits of the case, the second respondent is directed to consider the representations of the petitioner, dated 12.05.2014, 13.05.2015, 09.06.2015 and 02.07.2015, and pass orders on merits and in accordance with law, after affording an opportunity of hearing to the authorised representative of the petitioner, within a period of three weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dixit To

1. Central Provident Fund Commissioner, rep.by Mr.K.K.Jalan, Central PF Commissioner Office, Bihiji Cama Place, R.K.Puram, New Delhi.

2. The Regional PF Commissioner, rep.by Ms.C.Amudha, EPF Organization, Sub-Regional Office, S.J.Plaza, Swarnapuri, Salem-636 004.

3. The Recovery Officer, EPF Organization, Sub-Regional Office, S.J.Plaza, Swarnapuri, Salem-636 004.

+1cc to Mr.S.Gunalan, Advocate, S.R.No.11013 +1cc to Mrs.R.Meenakshi, Advocate, S.R.No.10985 W.P.No.22988 OF 2015 SV(CO) CA(16/03/2016) https://hcservices.ecourts.gov.in/hcservices/