M/S.Devarajan Vijaya v. Regional Provident Fund Commissioner Ii ( C And R)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.09.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.No.27596 of 2024 M/s.Devarajan Vijaya Rep by its Sole Proprietor Mrs.D.Vijaya, No.1A, Mariamman Kovil Street, Gandhi Nagar, Maduranthakam 603 306.

... Petitioner Vs.

Regional Provident Fund Commissioner II (C&R), Employees Provident Fund Organisation, Regional Office, No.3, Rajaji Salai, Tambaram, Chennai 600 045.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 18.02.2022 passed by the Employees' Provident Fund Appellate Tribunal, Chennai in EPFA No.122 of 2020 to quash the same and direct the Central Government Industrial Tribunal, Chennai to reduce the pre-deposit from 35% to 20% to admit the appeal. Page No.1 of 6

For Petitioner : Mr.P.Thangaraj For Respondent : Mr.R.Thirunavukarasu

ORDER

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 18.02.2022 passed by the Employees' Provident Fund Appellate Tribunal, Chennai in EPFA No.122 of 2020 to quash the same and direct the Central Government Industrial Tribunal, Chennai to reduce the predeposit from 35% to 20% to admit the appeal.

2. Heard both sides. With the consent of both sides, this Writ Petition is disposed at the admission stage itself.

3. The petitioner has filed the above Employees' Provident Fund Appeal challenging the order of the respondent for recovery for a sum determined under Section 7 of the Employees' Provident Fund Act. The petitioner has preferred the appeal for challenging the above order without making deposit of 75% of the amount as mandated under the Page No.2 of 6

statute. However, the respondent has considered a waiver petition filed by the petitioner and relaxed the pre-deposit from 75% to 35%. Even thereafter, the petitioner did not choose to deposit 35% and the matter stood pending for two years. After recording these details, the respondent authority had proceeded to dismiss the appeal. Now the petitioner has filed this Writ Petition challenging the above order and also to direct the respondent to reduce the pre-deposit from 35% to 20%.

4. The petitioner having not utilised the opportunity already given to him by reducing the pre-deposit from 75% -35% by the respondent himself, has filed this Writ Petition after three years just to bargain further time, for which, the jurisdiction under Article 226 of the Constitution of India cannot be abused. Therefore, this Court is of the view that this Writ Petition is not maintainable.

5. Accordingly, this Writ Petition is dismissed. It is upto the petitioner to request the respondent to grant further time to make payment of the dues assessed against him and for which, no order from Page No.3 of 6

this Court is necessary. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes /No 03.09.2024 Speaking / Non-speaking gsk Page No.4 of 6

To Regional Provident Fund Commissioner II (C&R), Employees Provident Fund Organisation, Regional Office, No.3, Rajaji Salai, Tambaram, Chennai 600 045.

Page No.5 of 6

R.N.MANJULA , J.

gsk W.P.No.25261 of 2024 and W.M.P.No.27596 of 2024 03.09.2024 Page No.6 of 6