W.P. No. 22902 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 22902 of 2016
and
W.M.P. No. 19593 of 2016
M/s. Sanmar Speciality Chemicals Ltd.
No.9, Cathedral Road
Chennai – 600 086
Rep. by its Gen. Manager - Legal ...
Petitioner
-vs-
The Assistant Provident Fund Commissioner,
Employees Provident Fund Organization
Royapettah High Road
Chennai – 600 014. ... Respondent
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Mandamus, forbearing the Respondent from continuing with the
proceedings initiated against the Petitioner under Section 7-A of the EPF Act vide
Notice ref: No. CHN/TN/48864/Div.19/Eng/Regl/2016 dated 09.06.2016 till the
pronouncement of the judgment by the Division Bench of this Court in W.A. Nos.
982, 983, 1026, 1343 and 1344 of 2011 and SLP Civil 8781-8782/12 before the
Hon'ble Supreme Court.
For Petitioner : Mr. Sai Prasath for M/s. Sai Raaj Associates
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https://www.mhc.tn.gov.in/judis
W.P. No. 22902 of 2016
For Respondent : Mr. T.R.Sundaram
ORDER
Heard Mr. Sai Prasath, Learned Counsel for the Petitioner and Mr. T.R.Sundaram, Learned Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. The Writ Petition has been filed to forbear the Respondent from continuing with the proceedings against the Petitioner pursuant to Notice No. CHN/TN/48864/Div.19/Eng/Regl/2016 dated 09.06.2016 under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, till the pronouncement of the judgment by the Division Bench of this Court in W.A. Nos. 982, 983, 1026, 1343 and 1344 of 2011 and SLP Civil 8781-8782/12 before the Hon'ble Supreme Court.
3. It is informed by Learned Counsel for both sides that the Hon'ble Supreme Court of India in Surya Roshini Ltd., -vs- Employees Provident Fund (Order dated 28.02.2019 in Civil Appeal Nos. 3965-3966 of 2013) has made the authoritative pronouncement on the question involved in the matter. In view of the same, the Respondent shall proceed to determine the matter following the 2/4 https://www.mhc.tn.gov.in/judis W.P. No. 22902 of 2016 prescribed procedure after affording full opportunity of hearing to all persons concerned including the Petitioner, consider each of the contentions raised by the parties and pass reasoned orders on merits in accordance with law and communicate the decision taken to them under written acknowledgment.
4. In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.
13.06.2022 Maya Index: Yes/No Note: Issue order copy by 20.06.2022.
To The Assistant Provident Fund Commissioner, Employees Provident Fund Organization Royapettah High Road Chennai – 600 014.
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