The Court disposed of the Writ Appeal challenging the dismissal of the Writ Petition, holding that disputed facts regarding contract labour and EPF contributions must be adjudicated by the competent EPF Authorities through due process and enquiry.
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.A.No.625 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
W.A.No.625 of 2021 and CMP.No.2783 of 2021
N.Natarajan
... Appellant
Vs.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 14.08.2020 passed in W.P.No.21443 of 2018.
For Appellant : Mr.P.Subramaniam for Mr.T.A.Ebenezer For R1 : Mr.P.Srinivas Standing Counsel For R2 : No appearance
Page No.1 of 6
W.A.No.625 of 2021
J U D G M E N T
(Judgment of the Court was made by S.M.SUBRAMANIAM, J. )
The writ order dated 14.08.2020 passed in W.P.No.21443 of 2018 is
under challenge in the present writ petition.
to approach the EPF Authorities for effective adjudication of factual disputes. The EPF Authorities under the Act are exercising the quasi-judicial powers and empowered to conduct an enquiry.
Page No.2 of 6
W.A.No.625 of 2021
dated 01.10.2020 passed in W.P.No.31742 of 2016, whereby the writ court passed the following orders:
"10. In view of the foregoing discussion, the proper recourse to be followed in this case is to require the petitioner as well as the contractors engaged by it to give details of the contract labour engaged from 08.01.2011 onwards with full particulars of their period of employment and actual amount of wages paid to them. After carrying out the aforesaid exercise of identifying the contractual workers engaged by the petitioner through contractors for the period from 08.01.2011 onwards, the concerned authority of Employees' Provident Fund Organisation shall determine the contribution amount that would have to be paid in respect of each of the contractual workers engaged in the established of the petitioner for the relevant period. It shall be ensured that full opportunity of personal hearing is afforded to the petitioner and all other persons concerned and a reasoned order shall be passed on merits and in accordance with law dealing with each of the contentions raised and the decision taken shall be communicated to the concerned parties under written acknowledgment."
It is also brought to the notice of this Court that similar other orders also have been passed.
Page No.3 of 6
W.A.No.625 of 2021
would submit that there is no infirmity in respect of the order passed by the municipality.
W.A.No.625 of 2021
of . No costs. Connected miscellaneous petition is closed.
[S.M.S., J.] [C.K., J.]
01.07.2024
Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda
To
S.M.SUBRAMANIAM, J.
Page No.5 of 6
W.A.No.625 of 2021
AND C.KUMARAPPAN, J.
veda
Judgment in W.A.No.625 of 2021
01.07.2024
Page No.6 of 6
1 issue framed by the court
Whether the High Court should adjudicate disputed facts regarding EPF contributions or direct parties to the competent EPF authorities?
N.Natarajan
The Commissioner, Kancheepuram Corporation, Kancheepuram
The Assistant PF Commissioner (Compliance), Employees Provident Fund Organisation
S.M.SUBRAMANIAM
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
