Madras High CourtWP(MD)/28206/2023disposed of

King Beedi Company v. The Assistant P.F.Commissioner

2023-11-30Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.24276 & 24277 of 2023 King Beedi Company, Represented by its Joint Managing Partner, Abdul Nissar.

... Petitioner Vs.

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

2.The Enforcement Officer, Regional Office, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the proceedings of the first respondent in No.

CBE/TNY/46631/14B/PDC1(1)/2023, dated 09.08.2023 made under Section 14B, and the consequential order in No.CBE/TNY/46637/7Q/PDC1(1)/2023, dated 09.08.2023 made under section 7Q of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and quash the same. 1/4

For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.M.Mahaboob Athiff

ORDER

The present writ petition has been filed challenging the order passed by the Employees' Provident Fund Organisation under Section 14B and 7Q 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 this writ petition.

3. The petitioner is directed to pay the amount that are demanded by the authorities in the writ petition 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. 2/4

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

30.11.2023 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.

3/4

R.VIJAYAKUMAR, J.

BTR 30.11.2023 4/4