Madras High CourtWP(MD)/3275/2023disposed of

M/S.Rajendra Automobiles v. The Assistant Provident Fund Commissioner

2023-02-20Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P(MD).No.3031 and 3033 of 2023 M/s.Rajendra Automobiles, 73, Thadicombu RD, Dindigul-624 001, Through its Proprietor. ... Petitioner Vs.

The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, District Office, No.16A, R.S.Road, Bava Lodge Building, Nagal Nagar, Dindigul-624 003. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus call for the records from the file of the respondent in Diary No.136/2021 File No.MD/MDU/1956187/7A/M-13/2022-2023 dated 30.06.2022 to the tune of Rs.10,11,909/- for the period 07/2017 to 01/2020 and quash the same.

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For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.R.Ravikumar Standing Counsel

O R D E R

This Writ Petition has been filed challenging the order passed by the Assistant Provident Fund Commissioner dated 30.06.2022 in Diary No.136/2021 File No.MD/MDU/1956187/7A/M-13/2022-2023 dated 30.06.2022 under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act. However, as against the order passed by the Original Authority, there is an efficacious appeal remedy available before the Appellate Authority under Section 7(I) of the Employees Provident Funds and Miscellaneous Provisions Act. Hence, this Court grants liberty to the petitioner to file an appeal before the Appellate Authority within a period of four weeks from the date of receipt of a copy of this order. If such appeal is preferred by the petitioner, the Appellate Authority is directed to consider the same and pass appropriate orders within a period of 12 weeks thereafter. 2/4

2. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 20.02.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, District Office, No.16A, R.S.Road, Bava Lodge Building, Nagal Nagar, Dindigul-624 003.

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M.DHANDAPANI,J.

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