BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06/09/2011
CORAM
THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.(MD)No.5867 of 2009
and
M.P(MD)No.1 of 2009
M/s.Maria Joseph Mills,
W-58,B/336, Periyakulam Road,
Sukkuvadanpatty,
Theni 625 531,
Theni District,
through its Partner, B.Selva Anandaraj. ..Petitioner
Vs.
1. The Assistant Provident Fund Organization,
Employees Provident Fund Organization,
Regional Office,
Madurai - 625 002.
2. The Recovery Officer,
Employees Provident Fund Organization,
Regional Office,
Madurai-2. ..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 from
the file of the second respondent herein and to quash the demand notice prior to
attachment of movable and immovable properties bearing No.
TN/MDU/12310/Recy.2009061/Circle.13/09, dated 24.02.09/ 18.06.09 consequent of
proceedings passed by the first respondent herein relating to Damages under
Section 14-B of the Employment Provident Fund Act against the petitioner herein
in which an appeal is pending before the Employees' Provident Fund Appellate
Tribunal, New Delhi.
!For Petitioner ... M/s.P.Chandra Bose
^For Respondents ... Mr.P.S.Sethuraman
S.C for E.P.F
:ORDER
The petitioner has approached this Court with a prayer for issuance of a
Writ in the nature of Certiorari, to quash the recovery proceedings of the
damages assessed under Section 14-B of the Employees Provident Fund Act.
2. The Assistant Provident Fund Commissioner vide order dated 10.07.2008,
imposed damages to the tune of Rs.93,847/-(Rupees Ninety three thousand eight
hundred and fourty seven only) under Section 14-B of the Employment Provident
Fund Act. The petitioner being aggrieved by the order passed by the Assistant
Provident Fund Commissioner filed an appeal before the Employees Provident Fund
Appellate Tribunal, New Delhi on 05.09.2008, which is said to be pending, along
with application for stay of impugned order. The petitioner therefore approached
this Court to challenge the recovery proceedings pending the appeal, on the
ground that in case, the recovery proceedings are not stayed and coercive
methods are allowed to effect recovery, the very object of filing an appeal
would be lost.
3. It is the contention of the learned counsel for the petitioner, that
inspite of the fact that an appeal was filed in the year 2008, till date no
decision on the stay petition has not been taken by the learned Employees’
Provident Fund Appellate Tribunal, New Delhi.
4. This Court on 08.09.2007 passed the following order:
“Interim stay, subject to the condition that the petitioner deposits a sum
of Rs.20,000/-(Rupees twenty thousand only) to the credit of the first
respondent within a period of four weeks, failing which the interim stay granted
shall stand automatically vacated, without any further reference to this Court.
Notice.
Mr.Sethuraman, learned Standing Counsel for EPF takes notice on behalf of
the respondents.”
5. After hearing the learned counsel for the petitioner, and keeping in
view the fact that the application for stay is pending before the Employees’
Provident Fund Appellate Tribunal, New Delhi, this Writ Petition is disposed of,
by directing the Employees’ Provident Fund Appellate Tribunal, New Delhi to
dispose of the pending stay application, after giving an opportunity of hearing
to the petitioner, within two months of the date of receipt of a certified copy
of this order. Till the disposal of the pending stay application by the learned
Employees’ Provident Fund Appellate Tribunal, New Delhi, stay already granted
shall continue.
6. Consequently, connected Miscellaneous Petition is closed. No costs.
vsn
To
1. The Assistant Provident Fund Organization,
Employees Provident Fund Organization,
Regional Office,
Madurai – 625 002.
2. The Recovery Officer,
Employees Provident Fund Organization,
Regional Office,
Madurai-2.
