M/S.Sudarson Chakra Art Crafts v. The Assistant Provident Fund Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR M/s.Sudarson Chakra Art Crafts, 90, Kamak Road, Sivakasi- 626 189, Tamil Nadu State, through its Proprietrix.

... Petitioner vs.

The Assistant Provident Fund Commissioner, Employees' Provident Fund Organization, Regional Office, Lady Doak College Road- Chokkikulam, Madurai - 625 001.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records from the file of the EPF Appellate Tribunal, CGIT, Chennai in EPFA 258/2017 and to quash the same and to direct the EPF Appellate Tribunal to restore the Appeal.

For Petitioner :Mr.C.Karthikeyan For Respondent :Mr.A.Sivasubramanian ***** 1/4

O R D E R

The petitioner challenges the order, dated 28.08.2025 passed by the EPF Appellate Tribunal, CGIT, Chennai, whereby the appeal filed by the petitioner under Section 7-I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, came to be rejected.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner concern is involving in the manufacturing of daily and monthly calender. It is the case of the petitioner that, following the retirement of the incumbent Presiding Officer of the Tribunal, the successor Presiding Officer did not issue notice, and therefore, the petitioner's absence when the matter was taken up was not wilful. The petitioner further submits that non-restoration of the appeal would result in serious monetary loss and hardship.

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4. In the above circumstances, this Court is satisfied that the petitioner has made out a prima facie case for restoration of the appeal. Accordingly, the writ petition is allowed, and the impugned order dated dated 28.08.2025 passed by the EPF Appellate Tribunal, CGIT, Chennai, is set aside. The appeal is restored to its file.

5. The petitioner shall appear before the EPF Appellate Tribunal, CGIT, Chennai, on 20.04.2026 without awaiting any further notice from the Tribunal.

6. There shall be no order to costs.

Index :Yes / No 26.03.2026 Internet :Yes / No (3/3) NCC :Yes / No cmr To The Presiding Officer, EPF Appellate Tribunal, CGIT, Chennai.

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HEMANT CHANDANGOUDAR, J.

cmr 26.03.2026 (3/3) 4/4