M/S. Sanmar Speciality Chemicals ... vs The Assistant Provident Fund ...
2022 Latest Caselaw 9923 Mad

                                                                                   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


                1/4


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

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.

https://www.mhc.tn.gov.in/judis W.P. No. 22902 of 2016

P.D. AUDIKESAVALU, J.

Maya

W.P. No. 22902 of 2016

13.06.2022

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