Appeal against an order of the single Judge in a writ petition seeking refund of Provident Fund monies held redundant. The High Court declined to entertain the appeal, noting the Appellant's rights depend on a pending enquiry pursuant to a remand order.
The writ appeal is disposed of; C.M.P.No.409 of 2017 is closed; no costs awarded.
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: 19.01.2017
THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO
AND
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Writ Appeal No.26 of 2017 and C.M.P.No.409 of 2017
Tirupur South Rotary Nursery & Primar Primary School, rep. by its
Secretary - Mr.M.Eswaran. .. Appellant/Petitioner
Vs.
1. The Additional Central Provident
Commissioner, Employees Provident
Fund Organization,
No.37, Royapettah High Road,
Chennai-600 014.
2. The Regional Provident Fund
Commissioner, Regional Office,
Bhavishya Nidhi Bhavan,
P.B.No.3875,
Dr.Balasundaram Road,
Coimbatore - 641 018.
3. The Assistant Provident Fund
Commissioner, Regional Office,
Bhavishya Nidhi Bhavan,
P.B.No.3875,
Dr.Balasundaram Road,
Coimbatore - 641 018. .. Respondents/Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the order passed by the learned single Judge in Writ Petition No.29517 of 2015, dated 18.01.2016.
Prayer in wp.29517/15
Petition filed under Article 226 of the Constitution of India, Praying to issue a Writ of Mandamus to direct the respondents 1 to 3 Consider the Representation Dated 23.04.2015.
For Appellant : Mr.S.Ezhil Raj
JUDGMENT
(Delivered by NOOTY.RAMAMOHANA RAO,J)
This appeal, a most redundant exercise has been indulged in by the writ petitioner, whose writ petition No.29517 of 2015 has been disposed of by the learned single Judge, preserving liberty to the writ petitioner to renew the request for refund of the monies already collected from it by the Employees Provident Fund Organisation, no sooner the lis which was the subject matter in W.P.No.35575 of 2015, gets finally adjudicated upon, pursuant to the remand order passed in that writ petition 35575 of 2015. Thus, no right of the writ petitioner/appellant has been adversely impacted by the order passed by the learned single Judge.
Sub Assistant Registrar
gr.
To:
W.A.No.26 of 2017
AK(CO)
GN(06/01/2017)
2 issues framed by the court
Whether a writ appeal seeking consideration of a representation for refund of provident fund monies should be entertained given pending remand order.
Whether the Appellant's right to refund will be impacted by the order of the learned single Judge preserving liberty to renew the request.
1 provisions across 1 enactments
Tirupur South Rotary Nursery & Primar Primary School
The Additional Central Provident Commissioner
The Regional Provident Fund Commissioner
The Assistant Provident Fund Commissioner
NOOTY.RAMAMOHANA RAO
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
