← Library
Madras High CourtWP(MD)/12524/2010disposed of

M/S. Krishnapuram Weavers v. The Regional Provident Fund

2021-03-24Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.12524 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.12524 of 2010 and M.P.(MD)No.1 of 2010 M/s.Krishnapuram Weavers Co-operative Production and Sales Society Ltd., Rep. by its Special Officer, No.20, Krishnapuram Colony, Madurai - 625 014.

... Petitioner versus

1. The Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, Employees Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

2. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records relating to the impugned order passed by the 2nd respondentdated15.09.2010in No.TN/RO/MDU/6477/RO/Circle4/PDC/LD/2010 and to quash the same.

For Petitioner : Mr.M.Thiruvavukkarasu For Respondents : Mr.V.S.V.Venkateshvaran

ORDER

The petitioner challenges the impugned order dated 15.09.2010, passed by the second respondent under Sections 14B and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. As against the said order, an appeal remedy is available under the Act before the the Employees' Provident Fund Appellate Tribunal, which is now reconstituted as Central Government Industrial Tribunal, Shastri Bhavan, Chennai. Accordingly, the writ petition is dismissed. The petitioner is at liberty to file an appeal before the Tribunal. The Tribunal shall exclude the period of pendency of this writ petition before this Court, while calculating the Limitation. The petitioner shall file an appeal before the Tribunal within a period of four weeks from the date of receipt of a copy of this order and on such appeal being filed, the Tribunal shall take https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12524 of 2010 up the case on file and dispose of the same, on merits and in accordance with law. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy To

1. The Regional Provident Fund Commissioner, Bhavishya Nidhi Bhawan, Employees Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

2. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai.

W.P.(MD)No.12524 of 2010 24.03.2021 GS (28.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2