A contractor sought a writ of Mandamus to defer an Assistant Provident Fund Commissioner's Section 7-A EPF show cause notice until a Supreme Court civil appeal was decided. The High Court held that deferring statutory proceedings via such Mandamus is not maintainable and dismissed the petition.
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W.P(MD)No.18622 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2024
CORAM :
THE HON'BLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.18622 of 2016 and W.M.P.(MD)No.13476 of 2016
P.Kannusamy ... Petitioner
Vs
The Assistant Provident Fund Commissioner, Employees' Provident Fund Organisation, Regional Office, Lady Doak College Road, Madurai - 625 002.
... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to defer further proceedings in the proceedings No. M7/MD/MDU/41522-U/ENF-C/2015 dated 20.08.2015 till the decision of the Hon'ble Supreme court on the similar issue.
For Petitioner : Mrs.P.Malini
For Respondent : Mr.P.Karthick Standing Counsel
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W.P(MD)No.18622 of 2016
O R D E R
This writ petition is filed by a contractor of TAFE Limited at Kalladipatti which is situated at Kalladipatti, Madurai, seeking Mandamus as against the respondent to defer the proceedings No. M7/MD/MDU/41522-U/ENF-C/2015, dated 20.08.2015.
2.The Assistant Provident Fund Commissioner has initiated a proceedings under Section 7-A of the EPF Act based on the report placed on him by the Enforcement Wing. The proceedings sought to be deferred is a show cause notice issued under Section 7-A of the EPF Act, calling upon the petitioner to pay his liability towards the EPF contribution.
3.The case of the petitioner is that he has participated in the enquiry and he sought for an adjournment by referring the proceedings, which is pending before the Hon'ble Supreme Court in Civil Appeal No. 6221 of 2011. However, the respondent did not provide the adjournment and therefore this writ petition was filed.
W.P(MD)No.18622 of 2016
4.This petition is filed as against the statutory proceedings contemplated by the respondent. In the event if the petitioner intent to challenge the proceedings he has to do so in the manner known to law, this petition seeking Mandamus to defer a statutory proceedings is not maintainable. Moreover, the main contention of the petitioner is that the issue was pending before the Hon'ble Supreme Court in civil Appeal No. 6221 of 2011 and therefore, pending the civil appeal, he has requested for an adjournment. It is reported that the above civil appeal has already been decided by the Hon'ble Supreme Court on 28.02.2019.
5.In view of the same, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
04.10.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR
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W.P(MD)No.18622 of 2016
To
The Assistant Provident Fund Commissioner, Employees' Provident Fund Organisation, Regional Office, Lady Doak College Road, Madurai - 625 002.
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W.P(MD)No.18622 of 2016
B.PUGALENDHI, J.
LR
W.P(MD)No.18622 of 2016
04.10.2024
1 issue framed by the court
Whether a writ of Mandamus to defer statutory proceedings under Section 7-A EPF pending a pending Supreme Court decision is maintainable?
2 provisions across 2 enactments
P.Kannusamy
The Assistant Provident Fund Commissioner, Employees' Provident Fund Organisation, Regional Office, Madurai
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
