M/S. Srinivasa Arts v. The Assistant Provident Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.3018 of 2015 and W.M.P(MD)No.1 of 2015 M/s. Srinivasa Arts, 471/1, Periyar Nagar, Bye Pass Road, Sattur - 626 203 Virudhunagar District Through its Proprietor

...Petitioner

Vs.

1.The Assistant Provident Fund Commissioner,

2.The Recovery Officer, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus to call for the records from the file of the first respondent herein No.TN/42372/MDU/Enf.B/Circle 22/22037/2014 dated 03.12.2014 and No.TN/MDU/42372/7B/ENF 'B' /CIRCLE 22/15 dated 29.01.2015 and to quash the same and also direct the first respondent to provide an opportunity to the petitioner way of conducting a fresh enquiry and to decide the matter on merits. For Petitioner : Mr. P. Chandrabose For Respondents : Mr.A. John Xavier

O R D E R

The learned counsel for the petitioner fairly submits that as on the date of filing this Writ Petition, as the Tribunal is not working, without availing the remedy of appeal, the petitioner has filed this Writ Petition. As the Tribunal is functioning now, the petitioner intends to file the statutory appeal provided under Section 7-I of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and sought permission of this Court, as the said appeal has to be filed within sixty days from the date of 7-A order.

2. The learned counsel for the respondents also endorsed the same.

3. In view of the above factual position, in our considered opinion, it is appropriate to permit the petitioner to file statutory appeal provided under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, to meet the interest of justice.

4. Accordingly, this Writ Petition is disposed of granting permission to the petitioner to file statutory appeal under Section 7-I of Employees' Provident Funds and Miscellaneous Provisions Act, 1952, within a period of four weeks from the date of receipt of a copy of this order.

5. No costs.

6. Consequently, connected miscellaneous petition is closed.

08.09.2023 Index : Yes / No Internet : Yes NCC : Yes / No RM

To 1.The Assistant Provident Fund Commissioner, 2.The Recovery Officer, Madurai - 625 002

BATTU DEVANAND, J.

RM W.P.(MD)No.3018 of 2015 08.09.2023