The Regional Provident Fund ... vs M/S.Krishnapuram Weavers ...
2021 Latest Caselaw 19693 Mad

                                                                    W.A.(MD)No.933 of 2013

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                DATED: 24.09.2021
                                                    CORAM:
                               THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
                                                  and
                                THE HONOURABLE MRS. JUSTICE R.PONGIAPPAN


                                           W.A.(MD)No.933 of 2013
                                                   and
                                            M.P(MD)No.1 of 2013


                1.The Regional Provident Fund Commissioner,
                  Bhavishya Nidhi Bhawan
                  Employees Provident Fund Organisation,
                  Lady Doak College Road,
                  Chikkikulam,
                  Madurai – 625 002

                2.Union of India
                  represented by the Secretary to Government,
                  Ministry of Labour,
                  New Delhi                                                 ... Appellants

                                                       Vs.

                1.M/s.Krishnapuram Weavers Co-operative
                  Production and sales Society Limited,
                  represented by its Special Officer,
                  No.20, Krishnapuram Colony,
                  Madurai – 625 014.

                2.The Central Provident Fund,
                  Commissioner,
                  HUDCO Vishala,


                1
https://www.mhc.tn.gov.in/judis/
                                                                                    W.A.(MD)No.933 of 2013

                    No.14, Bikaji Came Place,
                    New Delhi – 26.

                3.The State of Tamil Nadu
                  represented by its Secretary to Government,
                  Industries Department,
                  Fort St.George,
                  Chennai – 600 009.

                4.The Director of Handlooms and Textiles,
                  Kuralagam, 2nd floor,
                  Chennai – 600 108.
                                                                                         ... Respondents

                PRAYER: This Writ Appeal has been filed under Clause 15 of the Letters Patent,
                against the order dated 26.11.2008, passed by this Court in W.P.(MD).No.10375
                of 2008 and M.P.(MD).No.1 of 2008.


                                            For Appellants      : Mr.Murali Shankar
                                            For R1              : Mr.G.Murugan
                                            For R2              : No appearance



                                                        JUDGMENT

(Judgment of the Court was delivered by V.BHARATHIDASAN, J.)

This Writ Appeal has been filed against the order passed by the learned

single Judge in W.P(MD)No.10375 of 2008, dated 26.11.2008.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.933 of 2013

2. The first respondent herein filed the writ petition seeking for a

direction to the Central Government, to pass orders on the request made by the

State Government, to exempt the writ petitioner from the purview of Provident

Fund Act. The learned single Judge, by an order dated 26.11.2008, disposed of

the writ petition with the direction to the Central Government, to consider the

recommendation made by the State Government, dated 22.12.1997, for granting

exemption to the petitioner Co-operative Weavers Society from the applicability

of the Act.

3. We have heard the learned counsel for the appellants, the learned

counsel for the first respondent and perused the materials available on record.

4. The Writ Petition has been filed on the ground that, the petitioner Co-

operative Society is running in loss and they are not in a position to pay the

provident fund under the Employees Provident Fund Act. Considering this

circumstances, the State Government made a recommendation to the Central

Government on 22.12.1997, for granting exemption from the purview of the Act

and that recommendation was not considered and so far no order has been passed.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.933 of 2013

Hence, the present writ appeal has been filed. The learned single Judge only

directed the Central Government to consider the recommendation made by the

State Government and pass suitable orders, which will cause no prejudice to the

appellant / Employees Provident Fund Organisation. Hence, we find no merit in

this writ appeal and the same is liable to be dismissed.

5. In the result, this Writ Appeal is dismissed. As the recommendation

made by the State Government is still pending, the Central Government is directed

to consider the recommendation made by the State Government, dated 22.12.1997,

and pass suitable orders, as expeditiously as possible. Consequently, the connected

Miscellaneous Petition is closed.

                                                                                 [V.B.D, J.]   [R.P.A,J.]
                                                                                         24.09.2021


                Index    : Yes / No
                Internet : Yes / No

                akv

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.933 of 2013

To

1.The Secretary to Government, State of Tamil Nadu, Industries Department, Fort St.George, Chennai – 600 009.

2.The Director of Handlooms and Textiles, Kuralagam, 2nd floor, Chennai – 600 108.

https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.933 of 2013

V.BHARATHIDASAN,J.

and R.PONGIAPPAN,J.

akv

W.A.(MD)No.933 of 2013

24.09.2021

https://www.mhc.tn.gov.in/judis/