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Madras High CourtWP/32107/2025disposed of

The Management v. The Regional Provident Fund

2025-08-26Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 36004,36006 & 36007 of 2025

1. The Management M/s. Eco Pure Technologies Private Limited, Rep By Managing Director, Srinivasan Venkatesh, No. 12 M.L.P Building, Near Kumar Gas Service, Mangalam Road, Tirupur 641 0604.

Petitioner(s) Vs

1. The Regional Provident Fund Commissioner II, Employees Provident Fund Organisation District Office, 497 1st Floor M/s. Muthusamy And Bros Industrial Complex Palladam Road, Tiruppur 641 604.

2.The Recovery Officer Employees Provident Fund Organisation, District Office, 497 1st Floor M/s. Muthusamy And Bros Industrial Complex Palladam Road, Tiruppur 641604 3.The Enforcement Officer Div 30

Employees Provident Fund Organisation District Office, 497 1st Floor M/s. Muthusamy And Bros Industrial Complex Palladam Road, Tiruppur 641604 4.Branch Manager Axis Bank, No. 3 Court Street, Tiruppur 641 604.

5.The Branch Manager Indian Overseas Bank, No. 122 Kumaran Road, Tirupur Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the entire Records in pursuant to the impugned order in proceedings No. CBE/DO-TPR/div-30 /com /87556/2023-24/4896 dated 12.02.2024 diary no. 448/2023 passed by the 1st respondent under section 7A of the EPF and MP act 1952 and the impugned prohibitory order proceedings no. CB/TPR/RECOVERY/87556/DIV-30/2025-26/427 dated 18.07.2025 issued by the 2nd respondent and quash the same in so far as it relates to the portion of determining amount a sum of Rs. 12,63,803/- towards excluded employees for the period from 09/2014 to 10/2022 and also the due amount a sum of Rs. 75, 000/- calculated under employees enrollment campaign 2017 and

consequently direct the mandamus allow the writ petitioner to operate the various bank accounts linked with PAN No. AACCE7215Q and pass orders.

For Petitioner(s): Mr. A.Deivasigamani For Respondent:

Mr.W.M.Abdul Majeed Standing counsel for R1 to R3 Mr.R.Sreedhar, for R4

ORDER

This writ petition has been filed challenging the impugned proceedings of the 1st respondent dated 12.02.2024 under Section 7 of the EPF and MP Act, 1952 and the impunged prohibitory order dated 18.07.2025 issued by the 2nd respondent and for a direction to permit the petitioner to pay the balance amount in five monthly installments and to allow the petitioner to operate the bank account. 2.

Heard Mr.A.Deivasigamani, learned counsel for the petitioner and Mr.W.M.Abdul Majeed, learned Standing counsel for Respondents 1 to 3 and Mr.R.Sreedhar, learned counsel for 4th respondent.

3.

The petitioner has an effective alternative remedy of filing

an appeal before the Central Government Industrial Tribunal, Chennai. The Tribunal also has the power to condone the delay in filing the appeal and also to waive the deposit of 75% amount which is made mandatory for entertaining the appeal. In view of the same, this Court cannot entertain the present writ petition. 4.

The learned counsel submitted that the bank account of the petitioner has been freezed and therefore, the functioning of the organization has come to a stand still.

5.

Considering the facts and circumstances of the case and considering the grievance expressed by the petitioner, in order to strike a balance, there shall be a direction to the petitioner to deposit 50% out of the total demand made, by giving credit to the amount that has already been paid / deposited by the petitioner. On such deposit, the bank account of the petitioner shall be de-freezed. 6.

The petitioner shall file the appeal before the Central Government Industrial Tribunal within a period of 10 days from the date of receipt of the copy of this order. The Industrial Tribunal shall deal with the appeal on its own merits and in accordance with law,

after condoning the delay. Insofar as the pre-deposit is concerned, since this Court has directed the petitioner to deposit 50%, that shall be treated as sufficient compliance provided that the petitioner complies with this direction. The Tribunal shall dispose of the appeal on its own merits and in accordance with law, within a period of 12 weeks from the date of filing of the appeal. This will be subject to the condition that the petitioner deposits the amount as was directed by this Court.

7.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.

26-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Note : Issue order copy on 29.08.2025

To 1.The Regional Provident Fund Commissioner II, Employees Provident Fund Organisation District Office, 497 1st Floor M/s. Muthusamy And Bros Industrial Complex Palladam Road, Tirupur 641 604.

2.The Recovery Officer Employees Provident Fund Organisation District Office, 497 1st Floor M/s. Muthusamy And Bros Industrial Complex Palladam Road, Tirupur 641604 3.The Enforcement Officer Div 30 Employees Provident Fund Organisation District Office, 497 1st Floor M/s. Muthusamy And Bros Industrial Complex Palladam Road, Tirupur 641604 4.Branch Manager Axis Bank, No. 3 Court St, Tirupur 641 604.

5.The Branch Manager Indian Overseas Bank, No. 122 Kumaran Road, Tirupur

N.ANAND VENKATESH J.

rka 26-08-2025