M/S.Nadippisai Pulavar v. Regional Provident Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.1025 of 2019 M/s.Nadippisai Pulavar K.R.Ramasamy Co-operative Sugar Mills Ltd., Thalainayar Ilanthope Post-609 201 Mayiladuthurai Nagapattinam District Through its Managing Director ... Petitioner -vs1.Regional Provident Fund Commissioner-II Employees' Provident Fund Organisation Regional Office No.18, Madurai Road Trichy-620 008 Trichy District 2.Enforcement Officer Employees' Provident Fund Organisation District Office 95, Mothilal Street Kumbakonam Thanjavur District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records from the file of the first respondent herein No.CB/TRY/PDC/C-34/27100/14B PROC/2018 dated 05.04.2018 received on 11.04.2018, issued by the first respondent and to quash the same.

For Petitioner :

Mr.C.Karthikeyan for Mr.P.Chandrabose For Respondents :

Mr.I.Robert Chandrakumar

O R D E R

This writ petition has been filed by the petitioner aggrieved by an order bearing No.CB/TRY/PDC/C-34/27100/14B PROC/2018, dated 05.04.2018, passed by the first respondent under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short, "the Act, 1952") and this Court, having entertained this writ petition, on 23.01.2019, passed an interim order staying the operation of the impugned order dated 05.04.2018 till 25.02.2019, however, thereafter, the interim order was not extended.

2. Today, when the matter is taken up for consideration, it is noticed that the petitioner has an effective alternative appeal remedy under Section 7-I of the Act, 1952.

3. In the light of the above, this Court is not inclined to entertain this writ petition as the petitioner has an efficacious alternative remedy provided under the statute.

4. In such circumstances, this writ petition is dismissed leaving it open to the petitioner to avail the alternative appeal remedy available under Section 7-I of the Act, 1952, within a period of six weeks from the date of receipt of a copy of this order. In case the petitioner files any appeal as against the impugned order, dated 05.04.2018, passed by the first respondent, the same shall be entertained by the Appellate Tribunal without reference to the period of limitation and dispose of the same on merits and in accordance with law, as expeditiously as possible.

5. In view of the fact that this Court has already passed an interim order initially on 23.01.2019 till 25.02.2019, however, this matter was

not listed before the Court thereafter, this Court deems it appropriate to direct the parties concerned to maintain status quo for a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

20.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

MUMMINENI SUDHEER KUMAR, J.

krk and W.M.P.(MD) No.1025 of 2019 20.02.2025