Ceeyes Metal Reclamations Private Limited v. The Assistant Provident Fund Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE S.M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.Nos.1290 & 1292 of 2024

1. M/s.Ceeyes Metal Reclamations Private Limited Rep. By Its Managing Admin, Mr . V.Arunagiri, S/O. A.Velmurugan, No. 51 and 52 SIDCO Industrial Estate, Thuvakudi, Trichy 15 Appellant(s) Vs

1. The Assistant Provident Fund Commissioner Employees Provident Fund Organisation , Sub Regional Office, Pb No. 588 , Sree Complex, D Block, No. 18 Madurai Road, Trichy 620 008.

Respondent(s) PRAYER Writ appeal filed under Clause 15 of Letters Patent Act, to set aside the order in WP.No. 29136 of 2023 dated 16.10.2023.

For Appellant(s):

Mr.S.Saravanan For Respondent(s):

Mr.M.Palanimuthu

JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam J.) The writ appeal has been instituted to set aside the order dated 16.10.2023 passed in W.P.No.29136 of 2023.

2.

It is not in dispute that the original order under EPF Act has been issued by the competent Authority in the year 2015. The appellant preferred an appeal without depositing the mandatory amount under the provisions of the EPF Act. Thus, the appeal was dismissed. Writ petition preferred. The learned single Judge also dismissed the writ petition on the ground that the mandatory compliance cannot be dispensed with.

3.

However, pursuant to the interim order passed in the present writ appeal, the appellant / petitioner has deposited a sum of Rs.3,12,419/- on 09.02.2024 towards the statutory deposit under the provisions of the Act.

4.

In view of such deposit, the appellant / petitioner may be provided with an opportunity to adjudicate the issues on merits. Since the appellant / petitioner has protracted the legal proceedings from the year 2015 without complying with the mandatory conditions stipulated under the Act, now deposited the said amount pursuant to the interim order passed in the present writ appeal, the appellant / petitioner is at liberty to pursue his remedy under the provisions of the Act and in accordance with law. With the above observations, the Writ Appeal stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) (K.R.S., J.) 03-03-2025 veda Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation , Sub Regional Office, Pb No. 588 , Sree Complex, D Block, No. 18 Madurai Road, Trichy 620 008.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

veda 03-03-2025