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