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Madras High CourtWP/21976/2024allowed

M/S.Argus Cosmetics Ltd v. The Regional Provident Fund Commissioner Ii

2024-09-18Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.09.2024

CORAM

THE HON'BLE MRS.JUSTICE R.N.MANJULA M/s.Argus Cosmetics Ltd., Rep. by its Director ... Petitioner Vs.

The Regional Provident Fund Commissioner-II, Employees Provident Fund Organisation, Regional Office: Chennai II, No.37, Royapettah High Road, Chennai - 600 014.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to reconciliate the EPF accounts of the employees of the petitioner based on the payments made by the petitioner and pursuant to the representations of the petitioner dated 17.07.2019, 18.08.2021 and 09.05.2024 and to further sanction the eligible pension to the employees of the petitioner. For Petitioner :Mr.Anand Gopalan for M/s/AGEM Legal Advocates For Respondent : Mr.R.Vishnu

Standing Counsel for EPFO

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondent to reconciliate the EPF accounts of the employees of the petitioner based on the payments made by the petitioner and in pursuance to the representations of the petitioner dated 17.07.2019, 18.08.2021 and 09.05.2024 and to sanction the eligible pension to the employees of the petitioner.

2. In the representation of the petitioner dated 09.05.2024, he has stated that he has remitted a sum of Rs.1,61,55,867/-, towards the Employees Provident Fund dues payable to its employees and the same has not been credited in the Employees Provident Fund accounts of the respective employees. According to the petitioner, the said amount has been remitted even in the year 2019 itself and so far it has not been apportioned to the Employees Provident Fund account of each employees and that prevents the employees from getting the benefits.

3. Since the representations of the petitioner have not been considered and no order has been passed in this regard so far, the

respondent herein is directed to consider the representations of the petitioner dated 17.07.2019, 18.08.2021 and 09.05.2024 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No Costs. 18.09.2024 Speaking / Non Speaking order Index : Yes / No ars To The Regional Provident Fund Commissioner-II, Employees Provident Fund Organisation, Regional Office: Chennai II, No.37, Royapettah High Road, Chennai - 600 014.

R.N.MANJULA, J.

ars 18.09.2024