← Library
Madras High CourtWP/24805/2012dismissed as infructuous

M/S. Salem Textiles Limited, v. The Employees Provident Fund

2018-09-05Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.NO.24085 of 2012 Salem Textiles Limited having its Registered Office at Selliampalayam, Attur rep.by its General Manager

...Petitioner

Vs

1. The Employees' Provident Fund Organization rep.by its Regional Provident Fund Commissioner Sri Jayalakshmi Plaza, Anna Salai, Swarnapuri Salem 636 004.

2. The Assistant Provident Fund Commissioner-cum- Recovery Officer, The Employees' Provident Fund Organization, Sri Jayalakshmi Plaza, Anna Salai Swarnapuri, Salem 636 004.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of certiorarified mandamus relating to the proceedings viz., (i) the proceedings of the first respondent in TN/SRO/SLM/6517/Recovery/2012 dated 24.02.2012 (ii) the proceedings of the first respondent in TN/SLM/6517/Recovery dated 22.08.2012 and (ii) the proceedings of the second respondent herein in TN/SLM/EPF/6517/RECY/RRC/2012 dated 31.8.2012 and quash the same and consequently to direct the first respondent herein to permit the petitioner to pay the arrears of Provident Fund contribution in instalments at the rate of Rs.3,29,490/- every month along with the current dues of Employees Provident Fund (both Employees and Employers share). For Petitioner :

M/s.AL.Gandhimathi For Respondents :

Mr.R.Thirunavukkarasu

O R D E R

The present writ petition is filed praying for a writ of certiorified mandamus seeking to quash the proceedings of the first and second respondents and also for a direction to the first respondent to permit the petitioner to pay the arrears of https://hcservices.ecourts.gov.in/hcservices/

Provident Fund contribution in instalments.

2. When the matter is taken up for disposal today, the learned counsel for the respondents filed a memo and states that the respondents have already recovered the outstanding dues from the petitioner by selling the movable property of the establishment through public auction and therefore the subject matter of the writ petition has become infructuous.

3. Recording the memo filed by the respondents, the writ petition is dismissed as infructuous. No costs. Consequently connected W.M.P. is closed.

-s/d- Deputy Registrar True Copy Sub-Assistant Registrar kst To

1. The Employees' Provident Fund Organization rep.by its Regional Provident Fund Commissioner Sri Jayalakshmi Plaza, Anna Salai, Swarnapuri Salem 636 004.

2. The Assistant Provident Fund Commissioner-cum- Recovery Officer, The Employees' Provident Fund Organization, Sri Jayalakshmi Plaza, Anna Salai Swarnapuri, Salem 636 004.

+1 CC to Ms.A.L. Gandhimathi, Advocate sr 61547. +1 CC to Mr.R. Thirunavukarasu, Advocate sr 61669. W.P.No.24805 of 2012 SP(14/11/2018) https://hcservices.ecourts.gov.in/hcservices/