G.Ramachandran, v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.27707 & 27708 of 2017, 33559 of 2018 and 15988 of 2019 G.Ramachandran ... Petitioner Vs.
1.Government of Tamil Nadu Rep. by its Principal Secretary, Co-operative, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
2.The Additional Registrar of Co-operative Societies No.170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.
3.Joint Registrar of Co-operative Societies Krishnagiri Region, 4.Employees Provident Fund Organization Rep. by its Regional Provident Fund Commissioner II Sub-Regional Office, Sri Jayalakshmi Plaza, Anna Salai - Swarnapuri, Salem - 636 004.
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5.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization (Ministry of Labour, Government of India) Sub-Regional Office, SJ Plaza, Swarnapuri, Salem - 636 004.
6.The Enforcement Officer, Employees' Provident Fund Organization District Office, No.35A/107 West Link Road, Co-operative Colony, 7.The Secretary, S 5922 Maharaja Kadai Primary Agricultural Co-operative Credit Society, Maharaja Kadai Post, Krishnagiri Taluk and District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, after calling for the concerned records from the respondents 5 and 6, quash the order of the sixth respondent dated 14.12.2016 bearing No.TN/SLM/EO/KNG/2016, order of the fifth respondent dated 22.12.2016 bearing Ref. No.CB/SRO/SLM/COMP-I & II/PACC Society/Not covered/2016 and the order of the third respondent dated 04.07.2017 bearing Na.Ka. No.236/2017/ Tha.Va(5) as illegal, arbitrary and contrary to the provisions of the Employees' Provident Funds and Miscellaneous 2/7
Provisions Act, 1952 and consequently direct the respondents 1 to 6 to cover the seventh respondent under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and further direct the respondents 4 to 6 to recover the Provident Fund Contribution (both employer and employee) from the seventh respondent in respect of the petitioner from July 2002 onwards when the petitioner joined the service and till date along with interest prescribed and remit the contribution in the Provident Fund Account of the petitioner and permit him to withdraw the same on his superannuation. For Petitioner : Mr.Balan Haridas For Respondents : Mr.M.S.Prem Kumar for R1 to R3 Government Advocate Mr.P.K.Panneerselvam for R4 to R6 Mr.L.P.Shanmugasundaram for R7
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus, after calling for the concerned records from the respondents 5 and 6, quash the order of the sixth respondent dated 14.12.2016 bearing No.TN/SLM/EO/KNG/2016, order of the fifth respondent dated 22.12.2016 bearing Ref. No.CB/SRO/SLM/ COMP-I & II/PACC Society/Not covered/2016 and the order of the third respondent dated 04.07.2017 bearing Na.Ka. No.236/2017/ Tha.Va(5) 3/7
as illegal, arbitrary and contrary to the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and consequently direct the respondents 1 to 6 to cover the seventh respondent under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and further direct the respondents 4 to 6 to recover the Provident Fund Contribution (both employer and employee) from the seventh respondent in respect of the petitioner from July 2002 onwards when the petitioner joined the service and till date along with interest prescribed and remit the contribution in the Provident Fund Account of the petitioner and permit him to withdraw the same on his superannuation.
2.The learned counsel appearing for the petitioner submitted that for non payment of the terminal benefits, the petitioner filed this writ petition. However, this Court vide order dated 14.03.2022 issued direction to the seventh respondent to pay a sum of Rs.6,46,271/- to the petitioner, pursuant to which, the aforesaid amount was paid to the petitioner. Hence, it would suffice, if this Court issues direction to the seventh respondent to pay the pending dues, if any, to the petitioner, within a reasonable time frame.
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3.In view of the above, this Court directs the seventh respondent to pay the pending dues, if any, as per law, to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. 4.The writ petition is accordingly disposed of. No costs.
Consequently, the connected miscellaneous petitions are closed. 10.08.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.Government of Tamil Nadu Rep. by its Principal Secretary, Co-operative, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
2.The Additional Registrar of Co-operative Societies No.170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.
3.Joint Registrar of Co-operative Societies Krishnagiri Region, 5/7
4.Employees Provident Fund Organization Rep. by its Regional Provident Fund Commissioner II Sub-Regional Office, Sri Jayalakshmi Plaza, Anna Salai - Swarnapuri, Salem - 636 004.
5.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization (Ministry of Labour, Government of India) Sub-Regional Office, SJ Plaza, Swarnapuri, Salem - 636 004.
6.The Enforcement Officer, Employees' Provident Fund Organization District Office, No.35A/107 West Link Road, Co-operative Colony, 7.The Secretary, S 5922 Maharaja Kadai Primary Agricultural Co-operative Credit Society, Maharaja Kadai Post, Krishnagiri Taluk and District.
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M.DHANDAPANI,J.
pri And W.M.P.Nos.27707 & 27708 of 2017, 33559 of 2018 and 15988 of 2019 10.08.2023 7/7