M/S. Shri Ramalinga Mills Ltd. B Unit v. Regional Provident Fund Commissiner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.12421 of 2025 M/s.Sri Ramalinga Mills Ltd "B" Unit, 1, Sayalgudi Road, Savvaspuram Village, Kulasekaranallur, Ramasamy Nagar, Aruppukottai - 626 105, Virudhunagar District, Represented by its General Manager.

... Appellant Vs.

Regional Provident Fund Commissioner - II, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

... Respondent Prayer: Writ Appeal filed under Clause XV of the Letters Patent to set aside the order dated 17.10.2024 in W.P(MD)No.4871 of 2022 on the file of this Court and allow the Writ Appeal.

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For Appellant : Mr.M.Jerin Mathew, For Mr.M.E.Ilango For Respondent : Mr.A.John Xavier

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The appellant is an establishment covered by the EPF Act, 1952. There was a delay in remitting the PF dues, which led to the issuance of an order levying damages under Section 14(B) of the Act. Challenging the said order, the establishment filed an appeal before the Tribunal. The Tribunal granted an order of interim stay on condition that the appellant should deposit a sum of Rs.9,00,000/- (Rupees Nine Lakhs only). Challenging the said conditional order, the appellant herein filed W.P(MD)No.4871 of 2022. The learned single Judge vide order dated 17.10.2024 dismissed the writ petition. Aggrieved by the same, this Writ Appeal has been filed.

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3.The learned counsel for the appellant states that the contribution payable under Section 17(A) of the Act has already been paid and the interest amount has also been paid in installments. Taking into account the bona fide conduct of the appellant, we modify the conditional order passed by the Tribunal. The appellant undertakes to remit Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) within a period of two weeks from the date of receipt of a copy of this order. If the condition is complied with, the appellant will continue to enjoy the interim stay till the disposal of the appeal by the Tribunal. If the condition is not fulfilled, the benefit of this order will not enure in favour of the appellant.

4.This Writ Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 05.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

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