Fatima Matriculation Higher v. The Regional Provident Fund

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.37368 and 37369 of 2016 Fatima Matriculation Higher Secondary School Rep. by its Correspondent Rev.Sr. Nirmala Lazar 10, United India Colony, V Cross Street, Kodambakkam, Chennai - 600 024.

... Petitioner Vs.

1.The Regional Provident Fund Commissioner Employees Provident Fund Organization 2.The Assistant P.F.Commissioner (G&R) Employees Provident Fund Organization, 3.The Enforcement Officer Employees Provident Fund Organization, Regional Office - Chennai Division, ... Respondents 1/6

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records, in respect of the impugned order 03.11.2016 in No.CCII/27/TN/16154/ Enf/Regl/2016-17, on the file of the second respondent, and quash the same and directing the respondents not to bring the Catholic religious nuns under coverage of Employees Provident Fund, in so far as the petitioner school is concerned.

For Petitioner : Dr.Fr.A.Xavier Arul Raj Senior Counsel for M/s.A.Arul Mary For Respondents : Mr.V.Sundareswaran Standing Counsel

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records, in respect of the impugned order 03.11.2016 in No.CCII/27/TN/16154/Enf/Regl/ 2016-17, on the file of the second respondent and to quash the same and to direct the respondents not to bring the Catholic religious nuns under coverage of Employees Provident Fund, in so far as the petitioner school is concerned.

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2.The learned Senior Counsel appearing for the petitioner submitted that the petitioner has filed this writ petition challenging the impugned order dated 03.11.2016 passed by the second respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, directing the petitioner to remit a sum of Rs.6,53,560/- to the respective Employees' Provident Fund Account numbers and that the belated remittances will attract levy of damages under Section 14B and interest under Section 7Q at the rates specified under Employees ' Provident Funds and Miscellaneous Provisions Act, 1952 on the ground that the petitioner has already filed application seeking exemption before the Government for payment of provident fund contribution, however, the said application has not yet been considered.

3.The learned Senior Counsel appearing for the petitioner, on instructions, further submitted that the petitioner is now ready to remit the amount demanded in the impugned order, within a period of four weeks from the date of receipt of a copy of this order and this Court may issue direction to the respondents to close the files as against the petitioner without proceeding under Sections 14B and 7Q 3/6

of the Employees ' Provident Funds and Miscellaneous Provisions Act, 1952, after receipt of the amount.

4.The learned Standing Counsel appearing for the respondents submitted that this Court vide order dated 19.12.2016 made in W.P.No.43547 of 2016 and W.M.P.Nos.37368 and 37369 of 2016 granted an order of stay of the impugned order and hence, the respondents were not able to proceed under Sections 14B and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

5.The petitioner has filed application seeking exemption before the Government for payment of provident fund contribution and the said application has not yet been considered. However, mere pendancy of the application seeking exemption before the Government will not prevent the respondents from claiming provident fund contribution under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

6.However, considering the limited request now made by the learned Senior Counsel appearing for the petitioner, this Court 4/6

permits the petitioner to remit the amount demanded in the impugned order dated 03.11.2016, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the said amount, the respondents shall close the files as against the petitioner without proceeding under Sections 14B and 7Q of the Employees ' Provident Funds and Miscellaneous Provisions Act, 1952, since there is no willful default as the petitioner has pursued the case before this Court and is enjoying the order of this Court dated 19.12.2016 made in W.P.No.43547 of 2016 and W.M.P.Nos.37368 and 37369 of 2016. 7.The writ petition is disposed of with the above observation. No costs. Consequently, the connected miscellaneous petitions are closed.

03.08.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Regional Provident Fund Commissioner Employees Provident Fund Organization 5/6

M.DHANDAPANI,J.

pri 2.The Assistant P.F.Commissioner (G&R) Employees Provident Fund Organization, 3.The Enforcement Officer Employees Provident Fund Organization, Regional Office - Chennai Division, And W.M.P.Nos.37368 and 37369 of 2016 03.08.2023 6/6