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Madras High CourtWP/16855/2004dismissed

Sree Uma Parameswari Mills v. The Regional Provident Fund

2015-03-31Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 31.3.2015.

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.16855 of 2004 and W.P.M.P.No.19962 of 2004 Sree Uma Parameswari Mills Limited, 5/119, II Street, State Bank Colony, No.3, Salem 636 004.

Managing Director Petitioner vs.

1. The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Sri Complex, 18, Madurai Road, Trichy-8.

2. The Assistant Provident Fund Commissioner and Recovery Officer, Employees Provident Fund Organisation, Sri Complex, 18, Madurai Road, Trichy - 8.

3. The Enforcement Officer, Employees Provident Fund Organisation, Sri Complex, 18, Madurai Road, Trichy-8.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from taking any steps to prosecute the petitioner or its Directors and employees for non-payment of PF contributions. For Petitioner : Mr.R.Parthiban For Respondents : Mr.V.Vibhishanan https://hcservices.ecourts.gov.in/hcservices/

ORDER

Mr.Parthiban, learned counsel appearing for the writ petitioner fairly submitted that the issue raised in this writ petition has been squarely covered against him by the decision of the Full Bench of this court in GOWRI SPINNING MILLS (P) LTD. v. ASSISTANT PROVIDENT FUND COMMISSIONER (FB) (2006(5) CTC 1). Recording his statement, the writ petition stands dismissed in the light of the ratio laid down by the Full Bench of this Court in the aforesaid judgment. No costs. The connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To

1. The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Sri Complex, 18, Madurai Road, Trichy-8.

2. The Assistant Provident Fund Commissioner and Recovery Officer, Employees Provident Fund Organisation, Sri Complex, 18, Madurai Road, Trichy - 8.

3. The Enforcement Officer, Employees Provident Fund Organisation, Sri Complex, 18, Madurai Road, Trichy-8.

1 cc to Mr.V.Vibhishanan ,Advocate, SR.No.18181 1 cc to Mr.R.Parthiban ,Advocate, SR.No.18084 W.P.No.16855 of 2004 nm(co)pmk.1.4.2015 https://hcservices.ecourts.gov.in/hcservices/