King Beedi Company v. The Assistant Pf Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.23201 & 23204 of 2023 King Beedi Company, Represented by its Joint Managing Partner, Abdul Nissar.

... Petitioner (In Both cases) Vs.

1.The Assistant P.F. Commissioner, Regional Office, NGO B Colony, Tirunelveli.

2.The Enforcement Officer, Regional Provident Fund Office, Tirunelveli.

... Respondents (In Both cases) Prayer in W.P(MD)No.27028 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for records relating to the proceedings of the first respondent in No.CB/TNY/CD-I/C-12/46629/2023, dated 18.08.2023 and quash the same. 1/4

Prayer in W.P(MD)No.27031 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for records relating to the proceedings of the first respondent in No.MD/TNY/75557/CD I/C13/7A/2022, dated 13.09.2022 and quash the same. (In Both cases) For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.M.Mahaboob Athiff COMMON ORDER The present writ petitions have been filed challenging the order passed by the Employees' Provident Fund Organisation under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

2. The petitioner is having effective alternative remedy and therefore, this Court normally does not interfere in the said order. However, the petitioner has made a request that he is ready to comply with these orders, if installments are being permitted. Only on the above said submission, this Court is inclined to entertain these writ petitions.

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3. The petitioner is directed to pay the amount that are demanded by the authorities in the respective writ petitions in five equal monthly installments to be payable on 10th day of every month in English calendar and the first installment shall start from 10.12.2023. Even if there is any default of a single installment, the respondent authorities are entitled to proceed in accordance with law.

4. With the above said observations, these writ petitions stand disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

09.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Assistant P.F. Commissioner, Regional Office, NGO B Colony, Tirunelveli.

2.The Enforcement Officer, Regional Provident Fund Office, Tirunelveli.

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R.VIJAYAKUMAR, J.

BTR 09.11.2023 4/4