This writ petition was filed by a contractor seeking to defer EPF show cause proceedings pending a decision of the Supreme Court. The Court dismissed the petition holding that the writ is not maintainable against statutory proceedings and that the cited Supreme Court appeal was already decided.
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.18624 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.18624 of 2016 and W.M.P.(MD)No.13478 of 2016
M.Arulprakasam ... 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-A/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.18624 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-A/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 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.
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W.P(MD)No.18624 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.18624 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.18624 of 2016
B.PUGALENDHI, J.
LR
W.P(MD)No.18624 of 2016
04.10.2024
3 issues framed by the court
Whether a writ petition seeking mandate to defer statutory proceedings under the EPF Act is maintainable pending a challenged issue before the Supreme Court.
Whether the Court can grant an adjournment when the Supreme Court has already decided the underlying civil appeal beyond reliance.
Whether a writ lies against a show cause notice issued by the Employer under Section 7-A of the EPF Act to pay contribution liability.
2 provisions across 2 enactments
M.Arulprakasam
The Assistant Provident Fund Commissioner
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
