Xavier.T v. The Assistant Provident Fund Commissioner (Recovery),

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI T.Xavier, President, M/s.Nethaji Subash Chandra Bose, Ex-Servicemann Welfare Association, No.120,Vinayagar Street, Railway Road, Alagappapuram, Karaikudi - 630 003.

...Petitioner

Vs 1.The Assistant Provident Fund Commissioner (Recovery), Employees Provident Fund Organisation, Government of India, Regional Office, Bhavishya Nidhi Bhavan, Madurai - 625 002.

2.The Registrar, Alagappa University, Karaikudi - 630 003.

...Respondents

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of certiorari to call for the records pertaining to the impugned order issued by the 1st respondent No.MD/MDU/Recy/97211/3rd party 8F/M.40/2022 dated 14.06.2022 and quash the same as illegal and without any legal basis. 1/4

For Petitioner : Mr.S.Karthik For Respondent : Mr.A.John Xavier, No.1 For Respondent : Mr.T.Cibi Chakraborthy No.2

ORDER

The petitioner has filed this writ petition as against the order of recovery passed under Section 8F of the Employees' Provident Funds and Miscellaneous Provisions Act.

2.This order of recovery has been passed based on the EPF contribution determined under Section 7A of the EPF Act. Though the learned counsel for the petitioner claims that as against the order passed under Section 7A of the EPF Act, he has filed an appeal before the EPF Appellate Tribunal, he has not obtained any order of stay and therefore, the EPF authority is entitled to recover the due from the petitioner. However, the amount to be recovered is subject to the outcome of the appeal filed by the petitioner.

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3.This writ petition is disposed of in the above terms. No costs. Consequently connected miscellaneous petition is closed. 27.10.2025 DSK To 1.The Assistant Provident Fund Commissioner (Recovery), Employees Provident Fund Organisation, Government of India, Regional Office, Bhavishya Nidhi Bhavan, Madurai - 625 002.

2.The Registrar, Alagappa University, Karaikudi - 630 003.

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B.PUGALENDHI.J., DSK 27.10.2025 4/4