Nn 296 Alagamanagari Primary v. The Assistant Provident Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 3618 of 2015 and M.P(MD)Nos.1 & 2 of 2015

1. NN 296 Alagamanagari Primary Agricultural Co-Operative Bank, Through its Secretary, Alagamanagari Post, Manamadurai Taluk, Sivaganga District.

... Petitioner - Vs. -

1. The Assistant Provident Fund Commissioner, Employees Provident Fund Regional Office, Lady Doak College Road, Chokkikulam, Madurai-5.

2. The Recovery Officer/Assistant Commissioner, Employees Provident Fund Regional Office, Lady Doak College Road, Chokkikulam , Madurai-5.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorari to call for the records on the file of 1/4

2nd respondent impugned attachment proceedings order made TN/MDU/41611/PDC/Circle 8/8F2015 dated 11.02.2015 and to quash. For Petitioner : Mr.R.Saravanan For Respondents : Mr.A.John Xavier

ORDER

This writ petition is filed challenging the order passed by the respondents, dated 11.02.2015 under Section 8F of the Employees' Provident Funds Act.

2. Heard the parties appearing on either side. Perused the material documents placed on records.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents submitted that the petitioner has already filed a petition challenging the Order passed under Section 14B of the Employees' Provident Funds Act, before the Tribunal and the same is pending. 2/4

4. Therefore, this Court is inclined to allow this writ petition. The respondents shall not take any action under 8F of the Employees' Provident Funds Act, until disposal of the petition pending before the Tribunal. The respondents shall take action, after the Order passed by the Tribunal, if necessary.

5. With these observations and directions, this Writ petition is allowed. No Costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 30.06.2023 Internet : Yes ksa To

1. The Assistant Provident Fund Commissioner, Employees Provident Fund Regional Office, Lady Doak College Road, Chokkikulam, Madurai-5.

2. The Recovery Officer/Assistant Commissioner, Employees Provident Fund Regional Office, Lady Doak College Road, Chokkikulam , Madurai-5.

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S.SRIMATHY, J ksa Order made in W.P.(MD)No. 3618 of 2015 30.06.2023 4/4