Robinson vs Regional Provident Fund ...
2021 Latest Caselaw 3135 Mad

                                                                         W.A.(MD)No.292 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 09.02.2021

                                                    CORAM:
                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                         AND
                               THE HONOURABLE MRS.JUSTICE S.ANANTHI
                                            W.A.(MD)No.292 of 2021

                 Robinson,
                 Secretary, Matha Educational Society,
                 Karode Post,
                 Arumana,
                 Kanyakumari District.                                : Appellant

                                                         Vs.

                 Regional Provident Fund Commissioner,
                 Sub Regional Office,
                 E.P.F. Organization,
                 66, Water Tank Road,
                 Nagercoil – 1,
                 Kanyakumari.                                         : Respondent


                 PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
                 order dated 08.04.2019 made in W.P.(MD)No.9249 of 2011.


                                   For Appellant     : Mr.K.Sreekumaran Nair

                                   For Respondent    : Mr.K.Gurunathan
                                                      *****

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                                                                              W.A.(MD)No.292 of 2021



                                                     JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

The present appeal has been preferred by the appellant / petitioner after

having failed in it's challenge to the order passed under Section 7(A) of the

Employees Provident Funds and Miscellaneous Provisions Act, 1952.

2. The learned Single Judge perused the entire records and recorded a

factual finding that even the report filed by the appellant itself shows 25

employees were engaged. There was an admission with respect to the said fact.

Incidentally, on remand, the appellant has been heard at length and sufficient

opportunity has been given.

3. The learned Counsel appearing for the appellant submitted that there are

records to show that there are only 14 employees.

4. We cannot go into the said issue, in view of the unimpeachable evidence

available on record and that too, when it is maintained by the appellant itself. This

aspect has been taken note of by the learned Single Judge. Though the writ

http://www.judis.nic.in W.A.(MD)No.292 of 2021

petition, as such, ought not to have been entertained, as there is an alternative

remedy available under Section 7(I) of the Act, inasmuch as the learned Single

Judge has considered the matter on merits, which we do not find it illegal or

incorrect, the present appeal is liable to be dismissed.

5. We also note that the matter has been kept pending for nearly two decades

and the employees have already approached the respondent / Commissioner for

settlement. In any case, they are also not parties before us, as ultimately their

interest is being affected due to the prolonged proceedings without any basis.

6. In the result, this writ appeal stands dismissed. No costs.

                 Index          : Yes / No                       [M.M.S.,J.] [S.A.I.,J.]
                 Internet       : Yes                                09.02.2021
                 gk








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                            W.A.(MD)No.292 of 2021

                             M.M.SUNDRESH, J.

                                             AND

                                  S.ANANTHI, J.

                                               gk




                          W.A.(MD)No.292 of 2021




                                       09.02.2021








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