Madras High Court
M/S.Goms Integrated Facility ... vs Assistant Provident Fund ... on 20 July, 2021
W.P.No.14975 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2021
:CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.14975 of 2021 and
WMP.No.15859 of 2021
M/s.GOMS Integrated Facility Management Pvt. Ltd.,
Rep. by its Authorised Signatory
# 18/9, Maharishi Garden,
3rd Floor, CIT Colony, 5th Cross Street,
Mylapore, Chennai-600 004. ... Petitioner
-vs-
Assistant Provident Fund Commissioner (Comp),
Employees Provident Fund Organisation,
(Ministry of Labour and Employment, Govt. of India)
Regional Office, Bhavishya Nidhi Bhawan,
No.37, Royapettah High Court,
Chennai-600 014. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Mandamus forbearing the respondent from initiating recovery
proceedings against the petitioner in terms of its Order No.CHN-
1/D/26/TN/40225/Enf/Regl/2021 dated 06.07.2021 till the appeal to be filed by the
petitioner is taken up for hearing by the Presiding Officer of Central Government
Industrial Tribunal cum EPF Appellate Tribunal, Chennai.
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W.P.No.14975 of 2021
For Petitioner : Mr.S.Ravindran
Senior Counsel
for Mr.S.Bazeerahamed.
For Respondent : Mr.R.Vishnu (R1)
ORDER
The petitioner has come forward with this Writ Petition forbearing the respondent
from initiating recovery proceedings against the petitioner in terms of its Order No.CHN-
1/D/26/TN/40225/Enf/Regl/2021 dated 06.07.2021 till the appeal to be filed by the
petitioner is taken up for hearing by the Presiding Officer of Central Government
Industrial Tribunal cum EPF Appellate Tribunal, Chennai.
2. Mr.R.Vishnu, learned counsel takes notice for the first respondent. By consent
of both sides, this Writ Petition is taken up for hearing and disposed of at the stage of
admission itself.
3. Admittedly, the petitioner has got an appeal remedy under Section 7 (I) of the
Employees Provident Fund Act, 1952. Rule 7(2) of the Employees Provident Fund
Appellate Tribunal (Procedure) Rules1997 specifies the outer time limit to prefer an
appeal within 120 days (60 days+60 days). Therefore, the petitioner is permitted to file
an appeal, within the time stipulated and no coercive steps shall be taken against the
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W.P.No.14975 of 2021
petitioner till a decision is taken by the Tribunal in the stay waiver petition with Appeal
that may be filed by the petitioner, in the light of the judgment of this Court in the case
of Pyramid Saimira Theatre Ltd., vs. Regional Provident Fund Commissioner,
Employees Provident Fund Organisation and Others [W.P. Nos. 1, 2 and 14591 of
2009] decided on 29.07.2009 . If no appeal is filed within the time limit, EPFO can
proceed with coercive action.
4. Accordingly, this Writ Petition is disposed of. No costs. Consequently,
connected Miscellaneous Petition is closed.
20.07.2021
(2/2)
Index: Yes / No
Speaking order /Non speaking order
arr
To
The Assistant Provident Fund Commissioner (Comp),
Employees Provident Fund Organisation,
(Ministry of Labour and Employment, Govt. of India)
Regional Office, Bhavishya Nidhi Bhawan,
No.37, Royapettah High Court,
Chennai-600 014.
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W.P.No.14975 of 2021
S.VAIDYANATHAN,J.,
arr
W.P.No.14975 of 2021
20.07.2021
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