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Madras High CourtWP(MD)/6366/2012dismissed as infructuous

A 1493 Pattiveeranpatti Coffee v. The Assistant Provident Fund

2022-07-28Honourable Mr Justice G. Chandrasekharan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and M.P.(MD).Nos.2 and 3 of 2012 and W.M.P.(MD)No.7845 of 2022 A 1493 Pattiveeranpatti Coffee and Cardamom Growers Co-operative Bank Limited, Through its Secretary P.Murugesan, Pattiveeranpatti - 624 211, Dindigul District.

... Petitioner Vs.

1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 600 002.

2. The Recovery Officer, Employees Provident Fund Organization, Regional Office, Madurai - 600 002.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records and the proceedings of the first respondent in TN/RO/MDU/858/RO/Circle1/PDC/LO/2011 dated 13.10.2011 and the consequential order of the second respondent in No.TN/MDU/PDC(1)/8F1072/2102/M1/TN/858 dated 27.02.2012 and quash the same.

For Petitioner :

Mr.V.O.S.Kalaiselvam For Respondents :

Mr.R.Ravikumar

O R D E R

This Writ Petition is filed for issuance of a Writ of Certiorari, to quash the impugned order passed by the first respondent vide proceedings in TN/RO/MDU/858/RO/Circle1/PDC/LO/2011 dated 13.10.2011 and consequential order of the second respondent vide proceedings in No.TN/MDU/PDC(1)/8F1072/2102/M1/TN/858 dated 27.02.2012.

2. When the matter was taken up for hearing, it is submitted by the learned counsel for the respondents that against the order passed under Section 14B of the Employees' Provident Fund and Miscellaneous

Provisions Act, 1952 dated 13.10.2011, the appeal in ATA.No.759(13)2011 was preferred. The Appellate Authority in EPFA.No.313 of 2017 (ATA 759 (13)/2011) allowed the appeal in part and directed the petitioner herein to deposit 50% of the dues. In view of the final order passed by the Appellate Authority on 31.03.2021, this Court is of the view that nothing remains to be adjudicated in this Writ Petition.

3. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. 28.07.2022 Index : Yes / No Speaking Order : Yes / No vji

To

1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 600 002.

2. The Recovery Officer, Employees Provident Fund Organization, Regional Office, Madurai - 600 002.

3. The Secretary, A 1493 Pattiveeranpatti Coffee and Cardamom Growers Co-operative Bank Limited, Pattiveeranpatti - 624 211, Dindigul District.

G.CHANDRASEKHARAN, J.

vji and M.P.(MD).Nos.2 and 3 of 2012 and W.M.P.(MD)No.7845 of 2022 28.07.2022