V.Rasu v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN V.Rasu Petitioner(s) Vs

1. The Registrar Of Co-operative Societies Government Of Puducherry, Co- Operative Department (dairy), V.V.P Nagar, Tattanchavady, Puducherry- 605 009.

2.The President Kalmandapam Co- Operative Milk Producers Society Ltd, P.301, Kalamandapam, Nettapakkam Post, Puducherry.

Respondent(s) PRAYER This writ petition has been filed under article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to pay the 1/4

outstanding EPF arrears due to the petitioner for the period from 01.04.2021 to 28.07.2024 together with interest @ 12 %per annum on the amount due till repayment in full within a time frame to be fixed by this Hon'ble court. For Petitioner(s):

T.V. Sai Srujan Tayi For Respondent(s):

M/s.G.Djearany, Govt.Advocate (pondy) For R1 M/s.R.Sreedhar For R2

ORDER

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to pay the outstanding EPF arrears due to the petitioner from 01.04.2021 to 28.07.2024 together with interest @ 12 % p.a.

2. The learned counsel for the petitioner would submit that though the petitioner was dismissed from service during the year 1997, the same was set aside on 19.06.2015. As per the order passed by this Court in W.P.No.13231 of 2016 dated 09.03.2023, the petitioner's past service between the date of dismissal and reinstatement has to be taken into consideration for calculating the gratuity.

3. The learned counsel would further submit that the petitioner had completed 38 years of service in the post of Secretary. It is the grievance of the petitioner that, though the respondent had settled part of the EPF amount, the remaining EPF dues are yet to be settled.

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4. At this juncture, the learned counsel for the 2 nd respondent would submit that the exact amount of the entitlement under the EPF can be ascertained only after completion of the audit. Further, they could also ascertain the amount due from the petitioner. Only on completion of such audit, the exact amount of the EPF, after deducting the petitioner's liability, would be settled. The learned counsel prays for a reasonable time of eight weeks for paying the eligible EPF amount.

5. Taking into consideration the fair submission of the learned counsel for the 2 nd respondent, this Court deems it appropriate to direct the 2 nd respondent to pay the balance eligible EPF amount within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 09-06-2025 mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/4

C.KUMARAPPAN J.

mrp To 1.The Registrar Of Co-operative Societies Government Of Puducherry, CoOperative Department (dairy), V.V.P Nagar, Tattanchavady, Puducherry- 605 009.

2.The President Kalmandapam Co- Operative Milk Producers Society Ltd, P.301, Kalamandapam, Nettapakkam Post, Puducherry.

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