Madras High CourtWP(MD)/17923/2019disposed of

New Security Force v. The Regional Provident Fund Commissioner

2019-08-16Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.17923/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.17923 of 2019 and W.M.P.(MD)No.14375 of 2019 New Security Force, A Partnership Firm, Represented by its Managing Director, P.Prabhakar, S/o.Pitchai, Having its Office at No.12, BSS Complex, 1st Floor, Rabic Nagar, Thiruvanaikovil, Trichy, ... Petitioner -VsThe Regional Provident Fund Commissioner, Employees Provident Fund Organization, P.B.No.588, Sree Complex, 'D' Block, No.18, Madurai Road, Trichy.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the respondent dated 05.04.2018 in No.TN/RO-TRY/PDC/C-11/44863/7Q PROC/2017-18 and quash the same as illegal and arbitrary. For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.G.Dharma Raja

ORDER

Against the order of the competent authority, namely, the Regional Provident Fund Commissioner, dated 05.04.2018, an appeal remedy is available under 7(2) of Employees' Provident Fund Appellate Tribunal (Procedure) Rules, 1997. Thus, the writ petitioner has to exhaust the appeal remedy provided under the rules.

2.The writ petitioner is at liberty to submit an appeal, within a period of two weeks from the date of receipt of a copy of this order and in the event of receiving any such appeal, the appellate authority is directed to adjudicate the same by affording opportunity to the writ petitioner and all other parties and decide the matter on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.17923/2019 3.Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To The Regional Provident Fund Commissioner, Employees Provident Fund Organization, P.B.No.588, Sree Complex, 'D' Block, No.18, Madurai Road, Trichy.

+1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-82098[F] dated 16/08/2019 ) W.P.(MD)No.17923 of 2019 16.08.2019 Myr JMN(28.08.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2