← Library
Madras High CourtWP(MD)/25083/2019disposed of

A.J.Bensam v. The Asst Provident Fund Commissioner

2019-12-03Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.25083 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.25083 of 2019 and WMP(MD)No.21680 of 2019 A.J.Bensam .. Petitioner Vs.

The Assistant Provident Fund Commissioner, The Employees Provident Fund Organisation, 66, Water Tank Road, Nagercoil - 629 001.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to consider the representations of the petitioner dated 01.10.2019 and 04.11.2019 and return to the petitioner all the registers recovered from the petitioner by the Enforcement Officers, during June 2018 or grant xerox copies of the same and grant the detailed inspection report made by the Enforcement Officers, based on the said records, before conducting an enquiry under Section 7(A) (1)(b) of the Employees Provident Fund and Miscellaneous Provisions Act, for the determination of the contribution for the period from 03/2014 to 05/2018.

For Petitioner : Mr.M.Azeem For Respondent : Mr.K.Gurunathan

ORDER

The petitioner has filed this writ petition, seeking a direction to the respondent to consider his representations dated 01.10.2019 and 04.11.2019 for return of the registers recovered from him by the Enforcement Officers, during June 2018 or grant xerox copies of the same and the detailed inspection report made by the Enforcement Officers based on the said records, before conducting an enquiry under Section 7(A)(1)(b) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.

2.Upon notice, Mr.K.Gurunathan, learned counsel appeared for the respondent and produced a letter dated 26.11.2019, as per which, the petitioner was directed to visit the office of the respondent on 02.12.2019 and take photocopies of the records/documents of the petitioner's establishment in the office of the respondent at the cost of the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.25083 of 2019 3.As the specific date mentioned in the said letter ie., 02.12.2019 is already over, if the petitioner requires some more time for duplicating the copies, the respondent is directed to consent for the same, by extending the time.

4.As copies are being furnished to the petitioner, no further order is required to be passed in this writ petition and it is closed accordingly. No costs. Consequently, WMP(MD)No.21680 of 2019 is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Mj To The Assistant Provident Fund Commissioner, The Employees Provident Fund Organisation, 66, Water Tank Road, Nagercoil - 629 001.

+1 CC to Mr.K.GURUNATHAN, Advocate ( SR-103200[F] dated 03/12/2019 ) +1 CC to Mr.M.AZEEM, Advocate ( SR-103181[F] dated 03/12/2019 ) W.P(MD)No.25083 of 2019 03.12.2019 VB(17.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2