Bakery challenged an EPF Section 7A determination order and recovery notice by writ. The High Court declined to decide merits, holding the petitioner must avail the statutory appeal under Section 7-I, and disposed of the writ petition relegating the petitioner to that remedy.
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)Nos.1292 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD)No.1292 of 2019 and W.M.P.(MD)Nos.1104 of 2019 & 970 of 2020
M/s.Santhy Bakery and Milk Stall, Rep. by its Proprietor, S.R. Sridhar.
... Petitioner
Vs.
... Respondents
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PRAYER
W.P.(MD)Nos.1292 of 2019
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 1st respondent dated 28.08.2017 in MD/TNY/9016/CD-II(22)/2017 and the consequential recovery notice dated 11.04.2018 issued by the 2nd respondent in Ref.No. MDTNY33520/0009016/06/04/2018/512/35 and quash the same.
For Petitioner : Mr.G.Mohankumar for Mr.R.Vijayakumar For Respondents : Mr.K.Murali Sankar
ORDER
This writ petition has been filed seeking a Writ of Certiorari, calling for records pertaining to the impugned order dated 28.08.2017 passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, (hereinafter referred to as “Act, 1952” for brevity) as well as the order passed under Section 8F of the Act, 1952, dated 11.04.2018.
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W.P.(MD)Nos.1292 of 2019
Section 7A of the Act, 1952. The petitioner has got an effective alternative remedy of appeal before the Appellate Tribunal under Section 7-I of the Act, 1952. But, the petitioner, instead of availing the said opportunity, approached this Court by filling this writ petition complaining violation of principles of natural justice and proper opportunity before passing the order dated 28.08.2017.
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W.P.(MD)Nos.1292 of 2019
1952, within a period of 30 days from the date of receipt of a copy of this order and on filing of the same within the time stipulated above, the learned Tribunal shall entertain the same without reference to the period of limitation prescribed under the provisions of the Act and Rules and dispose of the same on its own merits. The interim order passed by this Court on 24.01.2019 shall be operative for a period of 45 days from today. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
14.02.2025
Neutral Citation: Yes / No Index : Yes / No sm
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W.P.(MD)Nos.1292 of 2019
TO:-
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W.P.(MD)Nos.1292 of 2019
MUMMINENI SUDHEER KUMAR, J.
sm
Order made in W.P.(MD)No.1292 of 2019
Dated: 14.02.2025
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1 issue framed by the court
Whether a writ petition challenging a Section 7A EPF order should be entertained despite an effective statutory appeal under Section 7-I.
4 provisions across 2 enactments
M/s.Santhy Bakery and Milk Stall, Rep. by its Proprietor, S.R. Sridhar
The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Tirunelveli
The Recovery Officer, Bhavishya Nidhi Bhawan, Tirunelveli
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
