High Court Madras High Court

Asian Bearing Limited vs Assistant Provident Fund … on 21 January, 2010

Madras High Court
Asian Bearing Limited vs Assistant Provident Fund … on 21 January, 2010
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2010

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN 

Writ Petition No. 1300 of 2006


Asian Bearing Limited
Rep. By its General Manager
New No.25, Old No.14
Peters Road, Royapettah
Chennai-600 014.						    .. Petitioner
									
							
V.

1.The Regional Provident Fund  Commissioner
   Employees' Provident Fund Organisation
   Sub-Regional Office
   Sri Jayalakshmi Plaza
   Anna Salai, Swarnapuri
   Salem-636 004.

2.The Assistant Provident Fund Commissioner
   Employees' Provident Fund Organisation
   Sub-Regional Office
   Sri Jayalakshmi Plaza
   Anna Salai, Swarnapuri
   Salem-636 004.		

3.The Recovery Officer
   Employees' Provident Fund Organisation
   Sub-Regional Office
   Sri Jayalakshmi Plaza
   Anna Salai, Swarnapuri
   Salem-636 004.				       		.. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents or their men or agents or sub-ordinates from taking any steps to recover any amount towards the Provident Fund Contribution pursuant to the order of the first respondent in Proceedings No. TN/SRO/SLM/COMP-I/17496/KNG-II/2005 dated 26.12.2005.

	For petitioner		:  Mr. R. Parthiban
        For respondents   	:  Mr. K. Gunasekaran
					   Additional Central Government
						Standing Counsel
					O R D E R	

At this stage of the hearing of this Writ Petition, the learned counsel appearing on behalf of the respondents had placed before this Court an order passed by the Full Bench of this Court, reported in Gowri Spinning Mills Ltd., Vs.Assistant Provident Fund Commissioner & another, (2006(5) CTC(1)) wherein, it has been held that the Provident Fund dues, under the Employees’ Provident Fund Act, 1952, are not covered by Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985.

2.The learned counsel appearing on behalf of the petitioner has not refuted the submissions made by the learned counsel appearing on behalf of the respondent.

3. In view of the Full Bench order cited above, this Writ Petition stands dismissed.

Index:Yes/No 21-01-2010
Internet:Yes/no

arr/kj

To

1.The Regional Provident Fund Commissioner
Employees’ Provident Fund Organisation
Sub-Regional Office
Sri Jayalakshmi Plaza
Anna Salai, Swarnapuri
Salem-636 004.

2.The Assistant Provident Fund Commissioner
Employees’ Provident Fund Organisation
Sub-Regional Office
Sri Jayalakshmi Plaza
Anna Salai, Swarnapuri
Salem-636 004.

3.The Recovery Officer
Employees’ Provident Fund Organisation
Sub-Regional Office
Sri Jayalakshmi Plaza
Anna Salai, Swarnapuri
Salem-636 004.

M.JAICHANDREN J.,

arr/kj

W. P. No. 1300 of 2006

21-01-2010