M/S Gmmco Limited v. The Regional Provident Fund Commissioner -I

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.17482 of 2025 M/s.GMMCO Limited, 6, G.S.T.Road, Chennai 600 016 Rep. by Deputy Divisional Manager - Legal ... Petitioner Vs.

The Regional Provident Fund Commissioner - I Employees Provident Fund Organization, Regional Office Tambaram 3, Rajaji Salai, Chennai 600 045.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the respondent dated 21.03.2025 in proceedings no.TB/TAM/RO/CC.I/7B Review/ TBTAM0019698000/ 2025 and quash its order dated 21.03.2025. For Petitioner : Mr.Anand Gopalan for M/s.Agam Legal Advocates For Respondent : Mr.Thirunavukkarasu 1/4

O R D E R

Mr.Thirunavukkarasu, learned counsel takes notice on behalf of the respondent. By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for the records of the respondent dated 21.03.2025 in proceedings no.TB/TAM/RO/CC.I/7B Review/ TBTAM0019698000/ 2025 and quash its order dated 21.03.2025. 3.Though the writ petition has been filed seeking a larger relief, the learned counsel appearing for the petitioner now submitted that there is effective appeal remedy available to the petitioner under Section 7I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and hence, this Court, without going into the merits of the case and without interfering with the impugned order, may permit the petitioner to exhaust the appeal remedy and till such time, this Court may direct the respondent to not to take any coercive steps as against the petitioner.

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4.The learned counsel appearing for the respondent submitted that till the appeal time is over, the respondent will not take any coercive steps against the petitioner, however, after appeal time is over, this Court may grant liberty to the respondent to initiate proceedings for recovery of the amount.

5.Considering the limited relief now sought for by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case and without interfering with the impugned order, permits the petitioner to file appeal under Section 7I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. If any such appeal is filed by the petitioner, the appellate authority, shall consider the same and pass appropriate orders, as expeditiously as possible. 6.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

29.04.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Regional Provident Fund Commissioner - I Employees Provident Fund Organization, 3/4

Regional Office Tambaram 3, Rajaji Salai, Chennai 600 045.

M.DHANDAPANI,J.

pri And W.M.P.No.17482 of 2025 29.04.2025 4/4