Writ petition challenging an EPF Section 7A assessment on the ground that no Presiding Officer had been appointed to the Appellate Tribunal. Since the Presiding Officer was appointed, the appeal was entertained and interim order granted, the court disposed of the writ petition recording these facts.
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W.P(MD)No.13758 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.13758 of 2025 and W.M.P(MD)No.9917 of 2025
M/s.Selvaganapathi, No:18, Tharangambadi, Mayiladuthurai, Nagapattinam-609 001. Through its Proprietor.
... Petitioner
Vs.
1.The Assessing Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.
2.The Recovery Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records from the file of the respondent herein No.ENF-KUM
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W.P(MD)No.13758 of 2025
II/CB/TRY/1669321/RRC/2025-2026, dated 15.04.2025 passed under Section 8 of EPF Act to recover to the tune of Rs.3,09,445/- and quash the same and direct the respondents to stop the recovery proceeding till the EPF Appellate Tribunal Admits the Pending Appeal in EPFA 75 of 2025.
For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.N.Dilip Kumar Standing Counsel
ORDER
The present writ petition has been filed challenging the order passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that the Presiding Officer has not been appointed before the Appellate Tribunal. Now, it is represented that the Presiding Officer has been appointed and appeal has been entertained by the Appellate Authority. The Appellate Authority has also granted interim order in favour of the writ petitioner.
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W.P(MD)No.13758 of 2025
2. Recording the same, this writ petition stands disposed of. There shall
be no order as to costs. Consequently, connected Miscellaneous Petition stands
closed.
25.06.2025
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
1.The Assessing Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.
2.The Recovery Officer, Employees' Provident Fund Organization, P.B.No.588, Sree Complex D' Block, No.18, Madurai Road, Trichy-620 008.
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W.P(MD)No.13758 of 2025
R.VIJAYAKUMAR, J.
BTR
W.P(MD)No.13758 of 2025
25.06.2025
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1 issue framed by the court
Whether the writ petition challenging a Section 7A EPF assessment remains necessary after appointment of the Appellate Tribunal Presiding Officer and interim relief by that Tribunal?
2 provisions across 2 enactments
M/s.Selvaganapathi
The Assessing Officer, Employees' Provident Fund Organization, Trichy
The Recovery Officer, Employees' Provident Fund Organization, Trichy
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
