M/S.Ruby Manoharan v. The Regional Provident Fund Commissioner-Ii,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.24204 of 2023 M/s.Ruby Manoharan, Property Developers Pvt. Ltd., Rep. by its Director, Mrs.K.Ruby Manoharan, Ruby Towers, 247 B, Velachery Main Road, Selaiyur, Chennai - 600 073.
... Petitioner Vs.
The Regional Provident Fund Commissioner-II, Regional Office, 3, Rajaji Salai, West Tambaram, Chennai - 600 045.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the proceedings of the respondent office herein in No.TB/TAM/RO/CCII/522/61231/2023 dated 02.05.2023 issued under Section 7A of Employees Provident Funds and Miscellaneous Provisions Act, 1952 bearing Diary No.19 of 2015, quash the same in so far as it directs production of old records.
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For Petitioner : Mr.G.Rajagopal Senior Counsel for M/s.D.Baskar For Respondent : Mr.R.Thirunavukarasu *****
ORDER
This Writ Petition has been filed seeking for a Writ of Certiorari, to call for the records relating to the proceedings of the respondent office herein in No.TB/TAM/RO/CC-II/522/61231/2023 dated 02.05.2023 issued under Section 7A of Employees Provident Funds and Miscellaneous Provisions Act, 1952 bearing Diary No.19 of 2015, quash the same in so far as it directs production of old records.
2. Mr.R.Thirunavukarasu, learned counsel accepts notice on behalf of the respondent. In view of the consent expressed by the learned counsel appearing for the parties, this petition is taken up for final disposal.
3. The case of the petitioner is that, the petitioner is a Property Developer and they are engaging labourers for its projects in and around 2/6
Chennai and they are regularly paying the Employees Provident Fund contributions to the respondent. Whileso, the respondent issued a 7A proceedings to the petitioner and they are conducting enquiry. After issuance of notice, the petitioner participated in the enquiry and produced the records available with them from the year 2006 to 2007 and no further records is available with them. However, the respondent was insisting the petitioner to produce the records from 2003 onwards, which is not available with the petitioner. In view of the above harassment, the petitioner has filed the above writ petition before this Court.
4. The learned Senior Counsel appearing for the petitioner submitted that, whatever the records available with the petitioner was produced before the respondent already and they have effectively participating in the proceedings initiated by the respondent. However, even then, the proceedings initiated by the respondent was not concluded. Hence, he submits that, this Court may issue a direction to the respondent to conclude the proceedings in terms of the judgment passed by the Apex Court in Civil Appeal No.5717 of 2001 vide order dated 3/6
03.04.2008 in the case of H.P. State Forest Corporation Vs. Regional Provident Fund Commissioner as expeditiously as possible.
5. The learned counsel appearing for the respondent submitted that, the proceedings initiated against the petitioner will be concluded in the manner known to law, within a reasonable time that may be fixed this Court.
6. In view of the above submissions, this Court, without interfering with the impugned proceedings dated 02.05.2023 issued under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, directs the respondent to conclude the proceedings initiated against the petitioner strictly in terms of the judgment passed by the Apex Court in the case of H.P. State Forest Corporation Vs. Regional Provident Fund Commissioner, vide order dated 03.04.2008, within a period of twelve (12) weeks from the date of receipt of a copy of this order, without insisting for production of old records, which is not available with the petitioner.
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7. This writ petition is disposed of with the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 24.08.2023 Index : Yes / No Speaking order / Non-speaking order sp To The Regional Provident Fund Commissioner-II, Regional Office, 3, Rajaji Salai, West Tambaram, Chennai - 600 045.
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M.DHANDAPANI, J.
sp and W.M.P.No.24204 of 2023 24.08.2023 6/6