Allowed

M/s. Avalon Technologies (P) Ltd., v. The Regional Provident Fund Commissioner - I

Madras HC3 Jun 2020WP/5589/2020

Case brief

AI extract

What is this about?

Writ petition seeking mandate to restrain recovery actions under EPF Act Section 7A pending a stay application before the Appellate Tribunal. Court issued a direction to the respondent not to initiate recovery until the stay application is disposed of.

What did the court decide?

Direction to respondent not to precipitate recovery action till disposal of stay application in EPFA No. 19 of 2020.

M/s. Avalon Technologies (P) Ltd., Vs The… — Labour and Industrial Disputes | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.06.2020

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C O R A M

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THE HONOURABLE MR.JUSTICE M. GOVINDARAJ

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W.P.No.5589 of 2020 and W.M.P.No.6541 of 2020

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M/s.Avalon Technologies (P) Ltd., No.52-53, SDF-II, MEPZ, Tambaram, Chennai – 600 045. Rep. by its Vice President -Finance. ... Petitioner

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Vs.

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The Regional Provident Fund Commissioner -I, Employees' Provident Fund Organisation, Regional Office, 3, Rajaji Salai, Tambaram, Chennai – 600 045. ... Respondent

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PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondent from initiating any recovery proceedings pursuant to the order dated 31.12.2019 passed under Section 7A of EPF Act in No.TB/TAM/ENF/CC-I/T-8/60046/7A Proceedings/2019, until order are passed in the stay application filed by the petitioner in EPFA 19/2020 before the Central Government Industrial Tribunal-cum-Labour Court, Chennai.

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For Respondent : Mr.K.Ramu

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The present Writ Petition has been filed for issuance of a Writ of Mandamus forbearing the respondent from initiating any recovery proceedings pursuant to the order dated 31.12.2019 passed under Section 7A of EPF Act in No.TB/TAM/ENF/CC-I/T8/60046/7A Proceedings/2019, until orders are passed in the stay application filed by the petitioner in EPFA No.19 of 2020 before the Central Government Industrial Tribunal-cum-Labour Court, Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsel for the petitioner submits that his Appeal has been numbered as EPFA No.19 of 2020 and when the matter came up for hearing on 24.03.2020, due to Covid-19, it has not been heard.

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The learned counsel for the respondent states that they have not initiated any recovery action.

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Recording the statements made by the learned counsel appearing on both sides, a direction is issued to the respondent not to precipitate the recovery action till the disposal of the stay application pending before the Appellate Tribunal in EPFA No. 19 of 2020

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With the above observation, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

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asi

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The Regional Provident Fund Commissioner -I, Employees' Provident Fund Organisation, Regional Office, 3, Rajaji Salai, Tambaram,

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Chennai – 600 045.

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W.P.No.5589 of 2020 and W.M.P.No.6541 of 2020

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VGII(CO) RMP(03/06/2020)

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https://hcservices.ecourts.gov.in/hcservices/

M/s. Avalon Technologies (P) Ltd., v. The Regional Provident Fund Commissioner - I

Case brief

What is this about?

What did the court decide?

M/s. Avalon Technologies (P) Ltd., v. The Regional Provident Fund Commissioner - I

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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