M/S. Shree Raam Mills v. The Regional Provident Fund Commissioner - Ii
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.12569 of 2025 M/s.Shree Raam Mills, 10-A, Papanasam Main Road, Ambasamudram, Tirunelveli District-627 401, Represented by its, S.Vijayakumar, Plant Manager.
... Petitioner Vs.
The Regional Provident Fund Commissioner-II, Bhavishya Nithi Bhavan, N.G.O. 'I' Colony, Tirunelveli-627 007.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to give petitioner opportunity by furnishing the particulars as asked in letter of petitioner, dated 15.04.2024 and fix the enquiry thereafter and pass such other further orders.
For Petitioner : Mr.T.Ravichandran 1/5
For Respondent : Mr.Mahaboob Athiff Standing Counsel
ORDER
The present writ petition has been filed by the Management of Shree Raam Mills seeking a Mandamus to furnish particulars as requested by the petitioner's Counsel letter, dated 15.04.2024.
2. A perusal of the records reveal that 7A proceedings are pending as against the petitioner Mill and through their Counsel they have sought for three particulars under letter, dated 15.04.2024. Due to non furnishing of those details, the present writ petition has been filed.
3. The learned Standing Counsel appearing for the respondent Provident Fund submitted that since 7A proceedings are pending, it is for the employer to establish all the facts before the authority relating to the compliance of the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. He cannot seek for any documents from the EPF Organisation. In 2/5
fact the Organisation alone is entitled to seek for particulars from the employer relating to the compliance of the provisions of the Act.
4. The learned Counsel appearing for the petitioner relied upon a judgment of this Court in W.P(MD)No.3350 of 2025, dated 17.02.2025 M/s.Madura Coats Private Limited, Represented by X.P.Arun, Plant H.R Manager, New Jail Road, Madurai-625 001. Vs. The Regional Provident Fund Commissioner-1, EPFO Regional Office, Bhavishya Nidhi Bhavan, No.1, Lady Boak College Road, Madurai-625 002, wherein this Court has issued a direction to the Madurai Office to the effect that the particulars called for by the petitioner Management may be produced.
5. I am of the considered opinion that the petitioner Management is also similarly placed as that of the Management in W.P(MD)No.3350 of 2025. In such view of the matter, the respondent Organization is directed to furnish the particulars as requested by the petitioner through their Counsel letter, dated 15.04.2024 within eight (8) weeks from the date of receipt of a copy of this order and thereafter, proceed with the enquiry in accordance with law. 3/5
6. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Regional Provident Fund Commissioner-II, Bhavishya Nithi Bhavan, N.G.O. 'I' Colony, Tirunelveli-627 007.
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R.VIJAYAKUMAR, J.
BTR 01.07.2025 5/5