The Puducherry Cooperative v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.7417 & 7418 of 2014 and M.P.Nos.1 and 2 of 2014 and M.P.No.1 and 2 of 2014 W.P.No.7417 of 2014 The Puducherry Co-Operative Sugar Mills Ltd.,P.315 Rep. By its Managing Director, Lingareddipalayam, Katterikuppam Post, Puducherry-605 503.
.. Petitioner Vs.
1.The Union of India 2.The Employee's Provident Fund Organization, 1/6
3.The Enforcement Officer 4.The Recovery Officer/APFC .. Respondents PRAYER: Writ petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to dispose of the Application U/s. 16 (2) of the Employees' Provident Fund and Miscellaneous Provisions Act 1952 dated 16.9.2013 filed by the petitioner after giving opportunity to it to state its case and produce documents in support of the same and the respondents 2 to 4 to stop the recovery action initiated by them including E-Auction Sale under the said Act till then. For Petitioner : Mr.T.M.Naveen For Respondent 1 : Served-No appearance For Respondent 2 to 4 : Mr.K.Srinivasa Murthy In W.P.No.7418 of 2014 The Puducherry Co-Operative Sugar Mills Ltd.,P.315 Rep. By its Managing Director, Lingareddipalayam, Katterikuppam Post, Puducherry-605 503.
.. Petitioner 2/6
Vs.
1.The Employee's Provident Fund Organization, 2.The Enforcement Officer 3.The Recovery Officer/APFC 4.The Union of India .. Respondents PRAYER: Writ petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petition bearing No. PCSM/Accts (B)/24-25/2013-14 dt 24.2.2014 filed by the petitioner exercise the powers conferred u/s 8-E of the Employees Provident Fund and Miscellaneous Provisions Act 1952 on him grant time to the petitioner to pay the EPF contributions by way of releasing the 49,124 3/6
Sugar bags attached by 2nd respondent permitting the petitioner to sell the same and pay 50% of the EPF arrears i.e. Rs. 2,50,00,000/- immediately and pay the balance amount by selling the Sugar to be manufactured by it in the months of March and April 2014 and the 3rd respondent to stay the recovery proceedings including E-Auction Sale till the expiry of the said time. For Petitioner : Mr.T.M.Naveen For Respondent 1 to 3 : Mr.K.Srinivasa Murthy For Respondent 4 : No appearance COMMON ORDER When the matter is taken up for hearing, it is informed by the learned counsel for the petitioner that they have remitted the EPF dues and statement to that effect has been filed. Therefore the grievance ventilated in this writ petition has already been redressed.
2. Taking note of the above, these write petitions are dismissed as infructuous. Consequently, the connected miscellaneous petitions are closed. No costs.
11.06.2024 Index : Yes / No Speaking/Non-speaking Order nr 4/6
To 1.The Union of India 2.The Employee's Provident Fund Organization, 3.The Enforcement Officer 4.The Recovery Officer/APFC 5/6
P.T.ASHA, J.
nr W.P.No.7417 & 7418 of 2014and M.P.Nos.1 and 2 of 2014 and M.P.No.1 and 2 of 2014 11.06.2024 6/6