Writ petition filed seeking mandamus to restrain coercive recovery pending appeal before the Tribunal. Court found interim stay in force. Petition closed with direction to Tribunal to dispose appeal in six months.
Writ Petition closed. Tribunal directed to dispose appeal within six months. No order as to costs.
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.860 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.860 of 2020 and
W.M.P(MD) Nos.650 of 2020 and 12977 of 2021
M/s.Sri Nachammai Cotton Mills Limited, Represented by its General Manager, Chettinad – 630 102, Karaikudi Taluk, Sivagangai District.
... Petitioner
Vs.
The Recovery Officer, Employees' Provident Fund Organisation, Madurai – 625 002, Tamil Nadu.
... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent not to take coercive steps to recover the ordered amount as per the order of recovery in No.MD/MDU/1092/Recy/M-40/RO/2020, dated 03.01.2020, pending disposal of the appeal before the Employees Provident Fund Appellate Tribunal in EPFA No.397/2018.
1/4
W.P.(MD).No.860 of 2020
For Petitioner : Mr.V.O.S,Kalaiselvam For Respondent : Mr.L.C.Muralishankar
O R D E R
The present writ petition has been filed seeking a mandamus directing the Employees' Provident Fund Organisation not to take coercive steps for recovery, pending appeal, before the Tribunal.
2. According to the learned counsel appearing for the writ petitioner, an interim order has already been granted by the Tribunal on condition to pay certain amount, which has already been complied with.
3. The learned counsel appearing for the respondent acknowledged the fact that the order of stay granted by the Tribunal is in force and nothing survives in this petition.
2/4
W.P.(MD).No.860 of 2020
4. Accordingly, this Writ Petition stands closed. The Tribunal is directed to dispose of the appeal within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
30.10.2023
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
The Recovery Officer, Employees' Provident Fund Organisation, Madurai – 625 002, Tamil Nadu.
3/4
W.P.(MD).No.860 of 2020
R.VIJAYAKUMAR,J.
ebsi
W.P(MD)No.860 of 2020
30.10.2023
4/4
M/s. Sri Nachammai Cotton Mills Limited
The Recovery Officer, Employees' Provident Fund Organisation, Madurai
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
