The Assistant Provident Fund Commissioner, v. M/S.Sterling Lab,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR The Assistant Provident Fund Commissioner, Sub-Regional Office, Employees Provident Fund Organization, S.J. Plaza, Swarnapuri, Salem-636 004.
Now having Office at Regional Office, Steel Plant Road, Dalavaipatti, Salem -636 302.
..Appellant(s) Vs M/s.Sterling Lab, Hosur -635 126.
..Respondent(s) Writ Appeal filed under Clause 15 of the Letters patent issuing writ of certiorarified mandamus to set aside the order passed in W.P.No.17891 of 2023 dated 19.08.2025.
For Appellant(s):
Ms.R.Meenakshi
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.) The Assistant Provident Fund Commissioner, Employees Provident Fund Organization has instituted the present intra-court appeal challenging the writ order dated 19.08.2025 passed in W.P.No.17891 of 2023.
2. De hors the merits adjudicated, the writ petition came to be dismissed mainly on the ground of delay and laches. Admittedly, there is a delay of nine years in instituting the writ proceeding. Therefore, the Writ Court formed an opinion that such a petition filed by the department after an enormous delay is not entertainable.
3. This Court does not find any further reason to deviate from the findings of the Writ Court, which is in consonance with the legal principles. The reasons stated by the appellant that there is an administrative delay, and delay in interdepartmental communication, resulted in filing of the petition after nine years are unacceptable, and such reasons cannot be construed as valid, and the delay is construed as uncondonable.
4. Thus, the writ petition has been rightly dismissed on the ground of delay and laches, and therefore, the present Writ Appeal also stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
(S.M.S.,J.) (N.S.,J.) 10-06-2026 Index: Yes/No Speaking/Non-speaking order GD
S.M.SUBRAMANIAM, J.
AND N.SENTHILKUMAR, J.
GD 10-06-2026