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Madras High CourtWP(MD)/19994/2014closed

Arulmigu Palani Andavar v. The Presiding Officer

2022-11-14Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)No.1 of 2014 Arulmighu Palani Andavar Polytechnic College, represented by its Correspondent Dindigul Road, Palani - 624 601.

...Petitioner

Vs.

1. The Presiding Officer, Employees Provident Fund Tribunal, 4, Scope Minar, 4th Floor, Core-2, Laxmi Nagar, Delhi - 110092.

2. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chockikulam, Madurai.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the second Respondent from initiating any recovery action in terms of its order dated 14.11.2014 in Proceedings No.

TN/91753/MEU/Enf.B/Circle31/31053/2014, till such time the appeal is taken up for hearing by the First Respondent. For Petitioner : M/S.P.Malini for M/S.T.S.Gopalan & Co For R1 : Tribunal For R2 : Mr.K.Murali Sankar

ORDER

This writ petition is filed for Writ of Mandamus, forbearing the second respondent from initiating any recovery action in terms of its order, dated 14.11.2014.

2. When the matter was taken up for hearing, the learned Counsel appearing for the petitioner submitted that this writ petition was 2/5

filed since the petitioner did not prefer an appeal before the Tribunal. After filing this writ petition, the petitioner has filed an appeal and it is numbered as A.T.A.Nos.424 & 425 of 2017 and the same is pending before the Tribunal. Therefore, this Court is inclined to close this writ petition. However, until the disposal of the appeal that is pending before the Tribunal, the respondent shall not take any coercive action against the petitioner establishment.

3. Hence, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

14.11.2022 Index :

Yes / No Internet :

Yes / No jbr 3/5

To

1. The Presiding Officer, Employees Provident Fund Tribunal, 4, Scope Minar, 4th Floor, Core-2, Laxmi Nagar, Delhi - 110092.

2. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chockikulam, Madurai.

4/5

S.SRIMATHY, J jbr Order made in 14.11.2022 5/5