Madras High CourtWP(MD)/29679/2024disposed of

The Managing Director, v. The Assistant Provident Fund Commissioner

2025-08-08Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.29679 of 2024 and W.M.P(MD)No.25045 of 2024 1.The Managing Director, Dindigul Central Co-Operative Bank Limited, Kootturavu Nagar, Trichy Road, Dindigul - 624 005.

2.The Chairperson, Dindigul Central Co-Operative Bank EPF Trust, Kootturavu Nagar, Trichy Road, Dindigul - 624 005.

...Petitioners

Vs The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office - Bhavishya Nidihi Bhavan, Lady Doak College Road, Madurai - 625 002.

...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the respondent relating to the order passed in No.TN/RO/MDU/24644/exempted/7A order/2023, dated 16.11.2023 and the consequential order of recovery in No. TN/RO/MDU/24644/ENF(EXEMPTION)/8F ORDER/2024 dated 29.02.2024 and quash the same as void and illegal, and grant such other relief(s) as expedient to the facts and circumstances of the matter. 1/3

For Petitioners : Mr.M.Ganesan For Respondent : Mr.Anwar Sameem Standing Counsel * * * * *

ORDER

The present Writ Petition has been filed by the employers challenging the order passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as well as consequential order passed under Section 8F of the Act.

2.As per the counter filed by the respondent, it could be seen that 8F order was passed on 29.02.2024, and the recovery has been effected. However, Writ Petition has been numbered only on 06.12.2024. 3.Considering the fact that the petitioners/employers are having an effective alternative statutory appeal remedy, this Court is not inclined to entertain the present Writ Petition. Preserving the rights of the petitioners to file an appeal, the present Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is also closed. 08.08.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 2/3

R.VIJAYAKUMAR , J.

RJR To The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office - Bhavishya Nidihi Bhavan, Lady Doak College Road, Madurai - 625 002.

W.P.(MD)No.29679 of 2024 and W.M.P(MD)No.25045 of 2024 08.08.2025 3/3