The High Court dismissed a writ petition filed by a college secretary under Article 226 against an EPF notice and inquiry proceedings. The court held that since an alternative statutory remedy of appeal exists under the EPF Act, the writ is not maintainable.
Writ of Certiorari dismissed; petitioner at liberty to file appeal under EPF & MPF Act.
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.
W.P.No.9386 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2023
CORAM
THE HONOURABLE MR. JUSTICE Dr. D.NAGARJUN
W.P.No.9386 of 2015
and
M.P.No.1 and 2 of 2015
C.B.M. College, Kovaipudur, Coimbatore-641 042, Rep by its Secretary C.M.Ramraj.
... Petitioner
Vs.
The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, P.B. No. 3875, Coimbatore 641 018.
... Respondent
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, to call for the records relating to the impugned proceedings issued by the respondent in No. TN/RO/CBE/45727/ENF/CC-11/2015 dated .02.2015 and to quash the same.
For Petitioner : Mr.J.Jayamalan for Mr.S.Nedunchezhiyan For Respondent : M/s.R.Meenakshi
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O R D E R
This writ petition is filed seeking for a direction to set aside the
impugned orders issued by the respondent in
No.TN/RO/CBE/45727/ENF/CC-11/2015.
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W.P.No.9386 of 2015
College, the P.F. Contributions are to be made by Management to the respondent Employee Provident Fund Organisation (EPF Organisation) under the provisions of Employees Provident Fund and Miscellaneous Provident Fund Act 1952 (EPF & MPF Act).
5.The respondents filed counter affidavit stating that the petitioner
was given proper opportunity to participate in the inquiry under Section 7A of the Act, and though the petitioner has participated in the inquiry, failed to produce any material and after the orders were passed, the writ petition is filed without any basis.
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under EPF & MPF Act, this writ petition is not maintainable and therefore, the writ petition is liable to be dismissed.
10.However, petitioner is at liberty to file appeal under the EPF & MPF Act. In case, any such appeal is preferred by the petitioner, the appellate authority shall dispose of the same as quickly as possible by following the procedures known to law.
27.11.2023
Index : Yes Speaking Order Neutral Citation : Yes (sha)
To
The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bhavishya Nidhi Bhavan, P.B. No. 3875, Coimbatore 641 018.
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W.P.No.9386 of 2015
Dr.D.NAGARJUN. J.,
(sha)
W.P.No.9386 of 2015
27.11.2023
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2 issues framed by the court
Whether a writ petition is maintainable when an alternative statutory remedy of appeal under the EPF & MPF Act is available.
Whether the High Court should entertain a writ petition challenging non-payment of Provident Fund contributions when the petitioner participated in the inquiry under Section 7A.
3 provisions across 2 enactments
C.B.M. College, Kovaipudur
The Assistant Provident Fund Commissioner
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
