The Madurai Bench permitted the petitioner to file a statutory appeal under Section 7-I of the EPF Act. This order disposed of a Writ Petition challenging prior enforcement orders, as the tribunal had resumed functioning.
Permission to file statutory appeal under Section 7-I of EPF Act, 1952 within four weeks.
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(MD)No.19754 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.19754 of 2016 and
W.M.P(MD)Nos.14244 to 14246 of 2016 and 5561 of 2017
Paramakudi Municipality, Through its Commissioner, Paramakudi,
Ramanthapuram District. ...Petitioner
Vs.
1.The Assistant Provident Fund Commissioner,
Employees Provident Fund Organization,
Regional Office,
Lady Doak College Road,
Chokkikulam,
Madurai – 625 002.
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W.P(MD)No.19754 of 2016
Compliance Circle/M-5 Dvn/Madurai, Employees Provident Fund Organization, Regional Office, Lady Doak College Road, Chokkikulam,
Madurai – 625 002.
3.The Manager, State Bank of India, Paramakudi Branch, Ramanathapuram District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus to call for the records of impugned order of the first respondent in File No.TN/MD/MDU/91186/Enf.C/Circle-15/M-5/ 15007/2016 dated 29.07.2016 and the consequential restrain order in No.M5/MD/MDU/91186/ENF-C/8F/2016 dated 08.09.2016 and
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W.P(MD)No.19754 of 2016
quash the same as illegal, devoid of merits and unlawful and consequently directing the first Respondent to conduct a proper enquiry by giving sufficient opportunity to the petitioner.
For Petitioner : Mr.M.Kannan For Respondents : Mr.R.Ravikumar - for R1 & R2
O R D E R
The learned counsel for the petitioner fairly submits that as
on the date of filing this Writ Petition, as the Tribunal is not working, without availing the remedy of appeal, the petitioner has filed this Writ Petition. As the Tribunal is functioning now, the petitioner intends to file the statutory appeal provided under Section 7-I of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and sought permission of this Court, as the said appeal has to be filed within sixty days from the date of 7-A order.
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W.P(MD)No.19754 of 2016
1 and 2 also endorsed the same.
5 . No costs.
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W.P(MD)No.19754 of 2016
6 . Consequently, connected miscellaneous petitions are
closed.
08.09.2023
Index : Yes / No Internet : Yes NCC : Yes / No RM
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W.P(MD)No.19754 of 2016
To
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W.P(MD)No.19754 of 2016
BATTU DEVANAND, J.
RM
W.P.(MD)No.19754 of 2016
08.09.2023
7
1 issue framed by the court
Whether to permit the petitioner to file a statutory appeal despite an earlier discharge of a Writ Petition challenging the appeal dismissal.
2 provisions across 2 enactments
Paramakudi Municipality, Through its Commissioner
Assistant Provident Fund Commissioner
Enforcement Officer
Manager, State Bank of India
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
