Madras High CourtWP/31189/2016withdrawn dismissed

The Chief Executive Officer, v. Employees Provident Fund

2016-11-29Honourable Mr Justice N. Kirubakaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2016 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P No.31189 of 2016 and WMP No.27062 of 2016 1 The Chief Executive Officer St. Thomas Mount-cum-Pallavaram Cantonment Board, St. Thomas Mount Chennai-600 016.

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PETITIONER Vs 1 Employees Provident Fund Organization Rep. by Regional Provident Fund Commissioner Regional Office No.3, Rajaji Salai Municipal Building, Tambaram Chennai-600 045.

2 Assistant Provident Fund Commissioner (C&R) Employees Provident Fund Organisation, Regional Office No.3 Rajaji Salai , Municipal Building , Tambaram Chennai - 600 045.

3 The Enforcement Officer Employees Provident Fund Organisation Regional Office No.3 Rajaji Salai, Municipal Building , Tambaram , Chennai - 600 045.

4 The Manager Indian Overseas Bank St. Thomas Mount Branch Chennai-600 016.

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RESPONDENTS

Writ petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 to 3 not to initiate any proceeding under Section 8B to 8G of Employees Provident Fund and Miscellaneous Provisions Act 1952 to recover the amount ordered the order passed by the 2nd respondent in TN/RO/TBM/ENF/ T-2/63799/2016 dated 12.08.2016 until 21.10.2016 the period for filing of appeal before the Employees Provident Fund Appellate Tribunal expires. For Petitioner : Mr.K.T.Sankara Subramanian for M/s.King & Patridge For R-1 to R-3 : Mr.K.Ramu

O R D E R

The learned counsel for the petitioner would submit that the petitioner is said to have filed appeal before the statutory authority and seeks leave of this court to withdraw the writ petition. He has also made an endorsement to that effect.

2. Recording the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with a liberty to avail the opportunity before the Appellate Authority. No costs. Consequently, connected Miscellaneous Petition is closed. 29.11.2016 rgr Index: Yes/No

To 1 Employees Provident Fund Organization Rep. by Regional Provident Fund Commissioner Regional Office No.3, Rajaji Salai Municipal Building, Tambaram Chennai-600 045.

2 Assistant Provident Fund Commissioner (C&R) Employees Provident Fund Organisation, Regional Office No.3 Rajaji Salai , Municipal Building , Tambaram Chennai - 600 045.

3 The Enforcement Officer Employees Provident Fund Organisation Regional Office No.3 Rajaji Salai, Municipal Building , Tambaram , Chennai - 600 045.

N.KIRUBAKARAN, J.

rgr W.P No.31189 of 2016 29.11.2016 http://www.judis.nic.in