M/S.Pandyan Grama Bank Ooivu Petra Aluvaler Sangam v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH M/s.Pandyan Grama Bank Ooivu Petra Aluvaler Sangam, (Regn.No.27/2016), represented by its Secretary, M.Radhakrishnan, D.No.574, 1st Street, Gandhi Nagar, Aruppukottai, Virudhunagar District - 626 101.

...Petitioner

Vs.

1.The Chairman, Tamil Nadu Grama Bank, No.6, Yercaud Road, Hastham Patti, Salem - 636 007.

2.The Chief Manager, Personnel Administrative Department, Pandyan Grama Bank, Administrative Office, 2/70/1, Collectorate Complex, Virudhunagar - 626 002.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner sangam, dated 14.01.2019, by furnishing the working sheets thereby the amount of employer contribution for EPF was arrived by the Bank namely the 1st respondent in respect of the members of M/s. Pandyan Grama Bank Ooivu Petra Aluvaler Sangam (Regn No.27/2016), having its office of Aruppukottai, Viruthunagar District.

For Petitioner : Mr.P.Natarajan For Respondents : Mr.N.Dilip Kumar Standing Counsel

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

2.This writ petition has been filed for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner sangam, dated 14.01.2019, by furnishing the working sheets thereby the amount of employer contribution for EPF was arrived by the Bank namely the 1st respondent in respect of the members of M/s. Pandyan Grama Bank Ooivu Petra Aluvaler Sangam (Regn No.27/2016), having its office of Aruppukottai, Viruthunagar District.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, it would be appropriate to direct the respondents herein to consider the petitioner's representation dated 14.01.2019, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the respondents to consider the petitioner's representation dated 14.01.2019, on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Chairman, Tamil Nadu Grama Bank, No.6, Yercaud Road, Hastham Patti, Salem - 636 007.

2.The Chief Manager, Personnel Administrative Department, Pandyan Grama Bank, Administrative Office, 2/70/1, Collectorate Complex, Virudhunagar - 626 002.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-14456[F] dated 30/03/2021 ) 29.03.2021 RK(13.05.2021) 3P 4C 3/3