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Madras High CourtWP/18860/2017disposed of

Mettur Textiles Mill Thozhilal v. The Commissioner

2020-02-24Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2020

CORAM

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.18860 of 2017 Mettur Textiles Mill Thozhilalar Sangam Branch Salem District AITUC Mill Thozhilalar Sangam (Reg.No.706/SLM) Rep. by its President T.Vaithiyalingam

...Petitioner

vs.

The Commissioner The Employees Provident Fund Organization Sub-Regional Office SJ Plaza, Swarnapuri Salem - 636 004.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to disburse the entire EPF amount to the employees of the Mettur Textiles Mill as per the petitioner's representation dated 10.06.2017.

For Petitioner :

M/s.R.Vimal For Respondent :

Ms.R.Meenakshi Standing Counsel

O R D E R

The petitioner seeks for a mandamus directing the respondent to disburse the entire EPF amount to the employees of the Mettur Textiles Mill as per the petitioner's representation dated 10.06.2017.

2. Heard both sides.

3. The learned standing counsel appearing for the respondent submitted that as early as on 19.03.2014, the petitioner-Sangam was informed to file Form-10D along with passport size photo attested by the Official Liquidator or by the Manager, where the https://hcservices.ecourts.gov.in/hcservices/

employee is having Savings Bank account so as to consider the claim of the petitioner. She further submitted that if the petitioner furnished the above details, their request will be considered and appropriate action will be taken.

4. Considering the above stated facts and circumstances, the petitioner is directed to furnish necessary details sought for by the Assistant Provident Fund Commissioner, Salem, vide his communication dated 19.03.2014 within a period of two weeks from the date of receipt of a copy of this order. On receipt of such details with necessary form, the respondent shall consider the claim of the petitioner and pass appropriate orders within a period of eight weeks thereafter.

With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mk To The Commissioner The Employees Provident Fund Organization Sub-Regional Office, SJ Plaza, Swarnapuri Salem - 636 004.

+1cc to Ms.R.Meenakshi, Advocate, S.R.No.15500 W.P.No.18860 of 2017 VSNII(CO) CS/02/03/2020 https://hcservices.ecourts.gov.in/hcservices/