Melange Club Private Ltd., v. The Regional Provident Fund Commissioner - I,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.09.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA Melange Club Private Ltd., Represented by its Director, R.Ramesh, 315, Perundurai Road, Erode - 638 001.
... Petitioner Vs.
1. The Regional Provident Fund Commissioner-I, Regional Office, Employees Provident Fund Organization, Salem Steel Plant Road, Alavaipatti, Salem - 636 302.
2. The Regional Provident Fund Commissioner-II, District Office, Cauvery Road, Karungalpayalam, Erode - 638 003.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to appoint fresh Enquiry Officer as per representation of the petitioner dated Page No.1 of 5
21.05.2024 within a stipulated time fixed by this Court. For Petitioner : Mr. B.Gopalakrishnan For Respondents : Mr. P.K.Paneer Selvam, Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to appoint a fresh Enquiry Officer by considering the representation dated 21.05.2024.
2. Heard Mr. B.Gopalakrishnan, learned counsel for the petitioner and Mr. P.K.Paneer Selvam, learned Government Advocate appearing for the respondents and perused the materials available on record.
3. The learned counsel for the petitioner submitted that the petitioner is being enquired under Section 7(A) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act' for short) for determining the Employees' Provident Fund dues, if any, payable by the petitioner. Page No.2 of 5
4. During the enquiry, the Enquiry Officer appears to be biased and he did not choose to receive any representation made by the petitioner. Since the petitioner gave the representation dated 21.05.2024, the respondents did not consider the same so far. The respondents can be directed to consider the same on its own merits.
5. In view of the above-stated observations, this Writ Petition is disposed of. The first respondent is directed to consider the representation of the petitioner dated 21.05.2024 and pass orders in accordance with law and on its own merits, within a period of two weeks from the date of receipt of a copy of this order. No costs.
Index : Yes /No 04.09.2024 Speaking / Non-speaking kv Page No.3 of 5
To
1. The Regional Provident Fund Commissioner-I, Regional Office, Employees Provident Fund Organization, Salem Steel Plant Road, Alavaipatti, Salem - 636 302.
2. The Regional Provident Fund Commissioner-II, District Office, Cauvery Road, Karungalpayalam, Erode - 638 003.
Page No.4 of 5
R.N.MANJULA , J.
kv 04.09.2024 Page No.5 of 5