Tamilnadu State Marketing Corp v. The Assistant Provident Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD).No.311 of 2018 and C.M.P.(MD).No.1949 of 2018 Tamil Nadu State Marketing Corporation Ltd., Thanjavur District, Rep by its District Manager, No.51-59, TANSIDCO Complex, Nanjikottai Road, Thanjavur.

.. Appellant /Petitioner Vs.

1. The Assistant Provident Fund Commissioner, Employee's Provident Fund Organisation, Regional Office, P.B.No.588, Sre Complex, 'D' Block, No.18, Madurai Road, Trichy-620 008.

2. Sri Lakshmi Van Service, Rep by S.Manoharan, No.155-E, Santhapillai Gate, Thanjavur.

3. Kallalagar Transport, Rep by T.Saroja, SIDCO-71, Nanjikottai Road, Thanjavur.

4. Venkatesh Transport Rep by R.Bose, Villar Road, Thillai Road, Thanjavur.

5. Selva Transport, Rep by N.Subramanian Uppanlarai Keelavulur Post, Orathanadu, Thanjavur District.

6. City Transport, Rep by M.Nanthakumar, No.12, Kannan Nagar, Thanjavur.

7. Soundarya Agencies, Rep by R.Kumaravel, Ramanathan Hall, No.1, Gandhiji Road, Thanjavur.

8. A.R.R.Van Service, Rep by G.Thiyagarajan No.39, Ganapathi Nagar, Medical College Road, Thanjavur.

9. Annai Velankanni, Rep by P.Anthoniraj, No.3/12008-A, Annai Anjugam Nagar, Chetty Madam, Kumbakonam.

... Respondents /Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.(MD).No.6223 of 2008 dated 07.10.2010.

Prayer in WP(MD)No.6223/ 2008 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the 1st respondent dated 23/06/200d8 in File No. D2/TN/TR/44220/SRO-TRY/2008-2009 and quash the same as ultra virus.

For Appellant : Mr.H.Arumugam For R1 : Mr.V.S.Karthi For R4 : Mr.G.Karnan For R8 : Mr.M.E.Ilango for M/s.Ajmal Associates For R9 : Mr.M.Suresh Kumar

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.H.Arumugam, learned counsel appearing for the appellant, Mr.V.S.Karthi, learned counsel appearing for the first respondent, Mr.G.Karnan, learned counsel appearing for the 4th respondent, Mr.M.E.Ilango, learned counsel appearing for the 8th respondent and Mr.M.Suresh Kumar, learned counsel appearing for the 9th respondent.

2.This appeal by the Tamil Nadu State Marketing Corporation Ltd., is directed against the order in W.P.(MD).No.6223 of 2008, dated 07.10.2010. This appeal has been brought up for admission, after a period of more than 7 years and this would be a good ground to reject the appeal.

3.When we perused the order impugned, we find that the writ Court did not decide the right of the appellant, but directed the appellant to avail appellate remedy under Section 7-I before the Employees' Provident Fund Tribunal or seek for review of the order before the very same authority and only for such reason, the writ petition was dismissed, with liberty to pursue the other statutory remedies. We fail to understand as to how the appellant Corporation being a State owned Corporation, is aggrieved by the impugned order passed in the writ petition and strictly speaking the question of filing the writ appeal, against the order does not arise, as the appellant should have to availed the alternative remedy under the Act.

4.The learned counsel for the appellant submitted that during the pendency of the proceedings, the amount has been recovered from the appellant Corporation by the respondent Employees' Provident Fund Organization by way of attachment of their bank account. The learned counsel further submitted that the appellant is liable to pay Employees' Provident Fund contribution as the employees are employed by the Transport Contractor and even assuming that there is some liability, the Employees' Provident Fund Organization should be permitted to recover the same from the Contractor. However, in this appeal, we cannot express any opinion on the said submission except granting liberty to the appellant Corporation to work out their remedy in terms of the provisions of the Act. 5.In view of the above reasons, we dismiss the writ appeal. No costs.

Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Assistant Provident Fund Commissioner, Employee's Provident Fund Organisation, Regional Office, P.B.No.588, Sre Complex, 'D' Block, No.18, Madurai Road, Trichy-620 008.

+ 1 CC TO Mr.V.S.KARTHI, ADVOCATE IN SR No. 53152 + 1 CC TO Mr.H.ARUMUGAM, ADVOCATE IN SR No. 53467 + 1 CC TO Mr.G.KARNAN, ADVOCATE IN SR No. 53509 + 1 CC TO M/s.AJMAL ASSOCIATES, IN SR No. 53506 NS TE/SKN-RSK/SAR-1 : 28/03/2018 : 3P/6C W.A.(MD).No.311 of 2018 and C.M.P.(MD).No.1949 of 2018 06.03.2018