M/S. Madura Coats Private Limited v. The Regional Provident Fund Commissioner - 1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR M/s.Madura Coats Private Limited, Rep., by X.P. Arun, Plant H.R.Manager, New Jail Road, Madurai-625 001.

... Petitioner Vs.

The Regional Provident Fund Commissioner-1, EPFO Regional Office, Bhavishya Nidhi Bhavan, No.1, Lady Doak College Road, Madurai-625 002.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to furnish the status of 3275 employees Employee's Provident Fund Account. For Petitioner :

Mr.T.Ravichandran For Respondent :

Mr.R.Ravikumar

ORDER

This writ petition has been filed seeking information in respect of 3275 employees, who are enrolled with the respondent-Organisation and worked in the petitioner-company with regard to the status of their Provident Fund accounts as on date purportedly for the purpose of prosecuting the appeal filed by the petitioner in E.P.F.A.No.59 of 2024 on the file of the Central Government Industrial Tribunal, Chennai in an effective manner.

2. The petitioner addressed a letter dated 12.08.2024 seeking the said information and thereafter, the same was reminded by issuing legal notice etc. Having failed to get any response from the respondent, the petitioner approached this Court by filing the present writ petition.

3. The respondent filed counter affidavit contending that the issue is pending before the Central Government Industrial Tribunal in E.P.F.A.No. 59 of 2024 and the petitioner is at liberty to call for any information by filing appropriate application in the said pending appeal, in spite of filing the

present writ petition. Further, the counter affidavit deal with the matter on merits of the case set up by the petitioner in E.P.F.A.No.54 of 2024.

4. As the scope of the writ petition is limited and seeking such information with regard to past employees and with regard to the status of Provident Fund accounts of the said employees, this Court does not see any sustainable reason for not furnishing such information as sought for by the petitioner. This Court also enquired with the learned counsel for the respondent and he also fairly submitted that there won't be any difficulty in furnishing the said information and further submitted that the petitioner instead of filing an application in the pending appeal, approached this Court by filing the present writ petition.

5. Considering the overall facts and circumstances of the case, this Court is of the considered view that instead of relegating the petitioner to file another application in the pending appeal, it would be appropriate to direct the respondent to furnish the information as sought for by the petitioner through his letter 12th August, 2024. Further, this Court also does not see any

prejudice that would be caused to the respondent, in case if the respondent furnishes the information as sought for by the petitioner.

6. Accordingly, this Writ Petition is disposed of directing the respondent to furnish the information as sought for by the petitioner through his letter dated 12th August, 2024 within a period of one month from the date of receipt of a copy of this order. In case, if any costs are to be incurred for furnishing the said information, the same shall be paid by the petitioner. There shall be no order as to costs.

17.02.2025 NCC : Yes/No Index : Yes/No Internet : Yes ABR To The Regional Provident Fund Commissioner-1, EPFO Regional Office, Bhavishya Nidhi Bhavan, No.1, Lady Doak College Road, Madurai-625 002.

MUMMINENI SUDHEER KUMAR, J.

ABR 17.02.2025