Madras High Court
Sri Sapthagiri Transport vs The Assistant Provident Fund ... on 8 October, 2021
W.A. No.1352 of 2021
and C.M.P.No.8451 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A. No.1352 of 2021
and C.M.P.No.8451 of 2021
Sri Sapthagiri Transport,
Rep by its Proprietor – Mr.T.E.Murali,
No.9, Park Road, Newry Towers,
D.No.A603, Anna Nagar West Extension,
Chennai 600 001 ... Appellant
vs
The Assistant Provident Fund Commissioner,
EPFO, Sub Regional Office,
Ambattur, R-40, A1,
TNHB Shopping Cum Office Complex,
Thirumangalam, Mugappair Road
Mugappair East, Chennai – 600 037 ... Respondent
****
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside
the common order dated 05.02.2020 made in W.P.No.2128 of 2020 and
allow the writ appeal.
****
1/5
https://www.mhc.tn.gov.in/judis/
W.A. No.1352 of 2021
and C.M.P.No.8451 of 2021
For Appellant : Mr.S.Ezhilraj
For Respondent : Ms.Geetha Devaraj
****
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is filed by the writ petitioner, challenging the order
passed by the learned Single Judge in W.P.No.2128 of 2020 dated
05.02.2020, refusing to interfere with the order of the Appellate Authority
dated 09.10.2019.
2. While dismissing the Writ Petition, the learned Single Judge held
that the amount of waiver of 75% to be deposited is the statutory
requirement, while preferring an appeal. The Central Government Industrial
Tribunal-cum-Labour Court, Chennai, by order dated 09.10.2019 in
EPFA.No.249 of 2017, had admitted the appeal, subject to the deposit of
75% of the amount as assessed in the impugned order therein, dated
06.11.2017, by the appellant and also had granted an order of interim stay
till 21.11.2019. However, the appellant herein, without complying with the
https://www.mhc.tn.gov.in/judis/
W.A. No.1352 of 2021
and C.M.P.No.8451 of 2021
said order, has preferred the above Writ Appeal.
3. Section 7-O of the Employees' Provident Funds and
Miscellaneous Provisions Act, 1952, reads as follows:
"Section 7-O: Deposit of amount due, on filing
appeal:--No appeal by the employer shall be
entertained by a Tribunal unless he has deposited
with it seventy-five per cent of the amount due from
him as determined by an Officer referred to in
Section 7-A:
Provided that the Tribunal may, for reasons
to be recorded in writing, waive or reduce the
amount to be deposited under this section."
4. The proviso to the above Section entitles the appellant either to
get a waiver or reduction of the amount to be deposited before filing the
appeal under Section 7-A of the said Act.
5. Accordingly, the appellant is directed to deposit 50% of the
https://www.mhc.tn.gov.in/judis/
W.A. No.1352 of 2021
and C.M.P.No.8451 of 2021
amount as assessed in the impugned order dated 06.11.2017, which is to be
paid within a period of two weeks from today and upon such remittance, the
appeal may be admitted and taken on file by the Central Government
Industrial Tribunal-cum-Labour Court, Chennai.
6. With the above direction, the Writ Appeal is disposed of. No costs.
Consequently, C.M.P. is closed.
[P.S.N., J.] [K.R., J.]
08.10.2021
Index : Yes/No
srn
Issue order copy by 11.10.2021
To
The Assistant Provident Fund Commissioner,
EPFO, Sub Regional Office,
Ambattur, R-40, A1,
TNHB Shopping Cum Office Complex,
Thirumangalam, Mugappair Road
Mugappair East, Chennai – 600 037
https://www.mhc.tn.gov.in/judis/
W.A. No.1352 of 2021
and C.M.P.No.8451 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A. No.1352 of 2021
and C.M.P.No.8451 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
