This court granted a stay on show cause proceedings initiated by PF authorities under the EPF Act, directing the petitioner to approach the Appellate Tribunal for waiver and stay relief within two months.
Order of stay on proceedings u/s. 8B to 8G of the EPF Act issued dated 25.01.2021 till disposal of waiver/stay petitions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.2738 of 2021
and W.M.P.No.3075 of 2021
M/s.Asian Bearing Ltd.,
Rep. by its Managing Director PL.Muthu,
Having its registered office at
No.25, Peters Road,
Royapettah, Chennai - 600 014. ... Petitioner
Vs.
1. The Regional P.F. Commissioner,
Employees Provident Fund Organization,
Regional Office, Steel Plant Road,
Thalavaipatti, Salem District - 636 302.
2. The Assistant PF Commissioner & Recovery Officer,
Employees' Provident Fund Organization,
Regional Office, Steel Plant Road,
Thalavaipatti, Salem - 636 302.
3. The Enforcement Officer,
Krishnagiri II Div.,
Employees Provident Fund Organization,
Regional Office, Steel Plant Road,
Thalavaipatti, Salem District - 636 302. ... Respondents
PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned Show Cause Notice No.CB/SLM/Comp/17496/KNG I DN/2021, dated 25.01.2021 issued by the second respondent herein and quash the same.
For Petitioner : Mr.T.Mohan, Senior Counsel for Mr.G.Muthukumar For Respondent : Mr.R.Thirunavukkarasu Standing Counsel
O R D E R
Aggrieved over the order passed u/s. 14 B and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as EPF & MP Act) dated 25.08.2020 passed by the second respondent, the petitioner filed an appeal before the Central Government Industrial Tribunal, Chennai. The said appeal has been entertained and pending as EPFA.No.114 of 2020.
(a) There shall be an order of stay of impugned proceedings issued u/s. 8B to 8G of the EPF & MP Act dated 25.01.2021 till the disposal of the waiver petition and stay petition pending before the Appellate Tribunal in EPFA.No.114 of 2020.
(b) The Appellate Tribunal is directed to dispose of the waiver petition and the stay petition filed by the petitioner within a period of two (2) months from the date of receipt of a copy of the order.
With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
Sd/Assistant Registrar //True Copy//
Sub Assistant Registrar
asi
To
1. The Regional P.F. Commissioner,
Employees Provident Fund Organization,
Regional Office, Steel Plant Road,
Thalavaipatti, Salem District - 636 302.
2. The Assistant PF Commissioner & Recovery Officer,
Employees' Provident Fund Organization,
Regional Office, Steel Plant Road,
Thalavaipatti, Salem - 636 302.
3. The Enforcement Officer,
Krishnagiri II Div.,
Employees Provident Fund Organization,
Regional Office, Steel Plant Road,
Thalavaipatti, Salem District - 636 302.
SV(CO)
SM/01/03/2021
W.P.No.2738 of 2021
and W.M.P.No.3075 of 2021
1 issue framed by the court
Whether to grant a stay on impugned proceedings issued under the EPF Act pending the disposal of waiver and stay petitions before the Appellate Tribunal.
2 provisions across 2 enactments
M/s.Asian Bearing Ltd.
The Regional P.F. Commissioner, Employees Provident Fund Organization
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
