Pioneer Spinners Vs The Assistant Pf Commissioner — Writ and Judicial Review | Madras HC (2025)

Pioneer Spinners Vs The Assistant Pf Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief granted; writ petition not entertained and disposed of with no order as to costs, connected Miscellaneous Petition (W.M.P(MD)No.23377 of 2024) closed, with the concession that an appeal presented on or before 08.08.2025 will be entertained by the appellate Tribunal without reference to the period of limitation.

Issue for consideration

Whether the writ petition filed by the textile mill (a unit mill of National Textile Corporation Limited) challenging the orders passed under Sections 14B and 7Q of the Employees' Provident Fund Act should be entertained, given the position regarding appointment of the Presiding Officer to the appellate Tribunal. +1 more

Court's answer

Since a Presiding Officer has been appointed and the appellate Tribunal is conducting cases in a full-fledged manner, this Court is not inclined to entertain the present writ petition.

Ratio / Principle

If an appeal against the impugned orders is presented on or before 08.08.2025, it shall be entertained by the appellate Tribunal without any reference to the period of limitation.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Justice R.Vijayakumar - Pioneer Spinners Kamudakudi, Ramanathapuram (represented by its General Manager) v. The Assistant Provident Fund Commissioner, EPFO, Regional Office, Madurai (W.P.(MD).No.27565 of 2024, decided 04.07.2025). A textile mill, a unit of National Textile Corporation Limited, sought a Writ of Certiorarified Mandamus under Article 226 to quash orders dated 05.09.2024 and consequential proceedings dated 22.10.2024 passed under Sections 14B and 7Q of the Employees' Provident Fund Act, stating that the writ was filed only because no Presiding Officer had been appointed to the appellate Tribunal. The respondent's Standing Counsel submitted that the Presiding Officer has been appointed and the Tribunal is conducting cases in a full-fledged manner. Accordingly, the Court declined to entertain the writ petition and disposed of it with no order as to costs, closing the connected miscellaneous petition, while directing that if an appeal is presented on or before 08.08.2025 it shall be entertained by the appellate Tribunal without any reference to the period of limitation.

W.P.(MD).No.27565 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P(MD)No.27565 of 2024 and

W.M.P(MD) No.23377 of 2024

Pioneer Spinners Kamudakudi, Ramanathapuram – 623 707, Represented by its General Manager.

... Petitioner

Vs.

The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, Bhavishya Nidhi Bhavan, Chokkikulam, Madurai – 625 002.

... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Dairy No.434/2024 and the consequential Proceedings No.TN/RO/MD/MDU/PDC/M-5/7707/14B/2024 and TN/RO/ MD/MDU/PDC/M-5/7707/7Q/20-24 and quash its order dated 05.09.2024 and consequential proceedings 22.10.2024 respectively and remand the matter to the respondent for fresh consideration.

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W.P.(MD).No.27565 of 2024

For Petitioner : Mr.P.Raghunathan for M/s.T.S.Gopalan and CO For Respondent : Mr.Anwar Sameem Standing Counsel

O R D E R

The present Writ Petition has been filed by a Textile Mill, which is one

of the Unit Mills of National Textile Corporation Limited challenging the order passed under Sections 14 B and 7 Q of the Employees' Provident Fund Act.

2. According to the learned counsel appearing for the writ petitioner, since Presiding Officer has not been appointed to the appellate Tribunal, the writ petition came to be filed seeking interim relief.

3. The learned Standing Counsel appearing for the respondent/ Employees' Provident Fund Organization submitted that the Presiding Officer

has been appointed and the appellate Tribunal is conducting cases in a full fledged manner.

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W.P.(MD).No.27565 of 2024

4. In view of the above said facts, this Court is not inclined to entertain

in the present Writ Petition. In case, if an appeal is presented on or before 08.08.2025 , the same shall be entertained by the appellate Tribunal without any reference to the period of limitation.

With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

04.07.2025

NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

Note: Issue order copy on 07.07.2025

To

The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, Bhavishya Nidhi Bhavan, Chokkikulam, Madurai – 625 002.

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W.P.(MD).No.27565 of 2024

R.VIJAYAKUMAR,J.

ebsi

W.P(MD)No.27565 of 2024

04.07.2025

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