Assistant Provident Fund Commissioner v. S Kamala Alias Yamini

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.No. 3351 of 2024 and C.M.P.No.25986 of 2024 Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office (Chennai Region), No.37, Royapettah High Road, Azad Nagar, Royapettah, Chennai - 600 014.

...Appellant Vs.

1.S.Kamala Alias Yamini 2.S.Kannan

...Respondents

Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, against the final order dated 18.08.2023 passed in W.P.No.12952 of 2017. For Appellant : Mr.K.Venkatesan For Respondents : Mr.V.M.Venkataramana **** 1/4

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The appellant which is the Employees Provident Fund Organization is only an agent which maintains the provident fund accounts of the employees. No doubt Section 10 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 exempts provident fund from attachment. All that has been done by the Writ Court is, with the view to protect the interest of the wife who is deserted by the husband, to direct the money to be put in Court. This order by no means can cause prejudice to the appellant.

2. Once the appellant is not prejudiced by the order, it is not open to the appellant to challenge the order. We do not find any merits in the appeal, accordingly, this Writ appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M., J.) (C.K., J.) dsa 15.11.2024 Index : No : No Speaking Order 2/4

To The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office (Chennai Region), No.37, Royapettah High Road, Azad Nagar, Royapettah, Chennai - 600 014.

3/4

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa W.A.No. 3351 of 2024 15.11.2024 4/4