The Madras High Court clerked out the writ petition seeking repayment of overcollected damages under the Employees Provident Fund Act, noting that the matter is pending before the Division Bench regarding an appeal against lower tribunal orders.
Petition closed; leave to move Division Bench for appropriate order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S. SIVAGNANAM
W.P.No.19398 of 2015
M/s.Booma Realty Private Ltd., Formerly known as M/s.Kongarar Textiles Ltd., represented by its Director P.K.Ganeshwar, No.21, Pollachi Road, Palladam, Tiruppur District .. Petitioner Vs 1. Central Provident Fund Commissioner, represented by Mr.K.K.Jalan, Central PF Commissioner Office, Bihiji Cama Place, New Delhi. 2. The Regional PF Commissioner, represented by Mr.O.K.Anil, EPF Organisation, Regional Office, Dr.Balasundaram Road, Coimbatore – 18. 3. The Recovery Officer, EPF Organisation, Regional Office, Dr.Balasundaram Road, Coimbatore – 18. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to repay the interest and damages calculated and excessively collected for Rs.22,20,000/- for the period 20.10.2004 to 22.8.2008 from the petitioner within time frame fixed by this Court alongwith 12% interest per annum.
For Petitioner : Mr.S.Gunalan For Respondents : Mr.R. Meenakshi,
ORDER
Petitioner establishment has filed this writ petition praying for issuance of Writ of Mandamus to direct the respondents to repay the interest and damages calculated and excessively collected for Rs.22,20,000/- for the period 20.10.2004 to 22.8.2008 from the petitioner within the time frame fixed by this Court.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
msr
To
Central Provident Fund Commissioner, Central PF Commissioner Office, Bihiji Cama Place, New Delhi.
The Regional PF Commissioner, represented by Mr.O.K.Anil,
EPF Organisation,
Regional Office,
Dr.Balasundaram Road, Coimbatore – 18.
+1 cc to Mr.S.Gunalan Advocate sr.16171
W.P.No.19398 of 2013
aa30/03/2016
1 issue framed by the court
Whether the writ petition should be closed given that the underlying matter is pending before the Division Bench on appeal.
M/s.Booma Realty Private Ltd.
Central Provident Fund Commissioner
The Regional PF Commissioner
The Recovery Officer
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
