Madras High Court
M/S.Ruby Builders And Promoters vs The Regional Provident Fund ... on 24 August, 2023
W.P.No.24789 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.No.24789 of 2023
and
W.M.P.No.24210 of 2023
M/s.Ruby Builders and Promoters,
Rep. by its Partner,
Mrs.K.Ruby Manoharan,
Ruby Towers, 247 B,
Velachery Main Road, Selaiyur,
Chennai – 600 073. ... Petitioner
Vs.
The Regional Provident Fund Commissioner-I,
Regional Office, 3, Rajaji Salai,
West Tambaram, Chennai – 600 045. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorari, to call for the records relating to the
proceedings of the respondent office herein in No.TB/TAM/RO/ENF/CC-
II/DIV522/1465952/2023 dated 09.03.2023 issued under Section 7A of
Employees Provident Funds and Miscellaneous Provisions Act, 1952,
quash the same in so far as it directs production of old records.
For Petitioner : Mr.G.Rajagopal
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.24789 of 2023
Senior Counsel
for M/s.D.Baskar
For Respondent : Mr.R.Thirunavukarasu
*****
ORDER
This Writ Petition has been filed seeking for a Writ of Certiorari, to
call for the records relating to the proceedings of the respondent office
herein in No.TB/TAM/RO/ENF/CC-II/DIV522/1465952/2023 dated
09.03.2023 issued under Section 7A of Employees Provident Funds and
Miscellaneous Provisions Act, 1952, quash the same in so far as it directs
production of old records.
2. Mr.R.Thirunavukarasu, learned counsel accepts notice on behalf
of the respondent. In view of the consent expressed by the learned
counsel appearing for the parties, this petition is taken up for final
disposal.
3. The case of the petitioner is that, the petitioner is Builders and
Promoters and they are engaging labourers for its projects in and around
Chennai and they are regularly paying the Employees Provident Fund
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W.P.No.24789 of 2023
contributions to the respondent. Whileso, the respondent issued a 7A
proceedings in Diary No.20 of 2015 to the petitioner and they are
conducting enquiry. After issuance of notice, the petitioner participated in
the enquiry and produced the records available with them from the year
2006 to 2007 and no further records is available with them. However, the
respondent was insisting the petitioner to produce the old records, which
is not available with the petitioner. In view of the above harassment, the
petitioner has filed the above writ petition before this Court.
4. The learned Senior Counsel appearing for the petitioner
submitted that, whatever the records available with the petitioner was
produced before the respondent already and they have effectively
participating in the proceedings initiated by the respondent. However,
even then, the proceedings initiated by the respondent was not concluded.
Hence, he submits that, this Court may issue a direction to the respondent
to conclude the proceedings in terms of the judgment passed by the Apex
Court in Civil Appeal No.5717 of 2001 vide order dated 03.04.2008 in
the case of H.P. State Forest Corporation Vs. Regional Provident Fund
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W.P.No.24789 of 2023
Commissioner as expeditiously as possible.
5. The learned counsel appearing for the respondent submitted
that, the proceedings initiated against the petitioner will be concluded in
the manner known to law, within a reasonable time that may be fixed this
Court.
6. In view of the above submissions, this Court, without interfering
with the impugned proceedings dated 09.03.2023 issued under Section
7A of the Employees Provident Funds and Miscellaneous Provisions Act,
1952, directs the respondent to conclude the proceedings initiated against
the petitioner strictly in terms of the judgment passed by the Apex Court
in the case of H.P. State Forest Corporation Vs. Regional Provident
Fund Commissioner, vide order dated 03.04.2008, within a period of
twelve (12) weeks from the date of receipt of a copy of this order, without
insisting for production of old records, which is not available with the
petitioner.
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W.P.No.24789 of 2023
7. This writ petition is disposed of with the above terms. No costs.
Consequently, the connected miscellaneous petition is closed.
24.08.2023
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation Case : Yes / No
sp
To
The Regional Provident Fund Commissioner-I,
Regional Office, 3, Rajaji Salai,
West Tambaram, Chennai – 600 045.
https://www.mhc.tn.gov.in/judis
W.P.No.24789 of 2023
M.DHANDAPANI, J.
sp
W.P.No.24789 of 2023
and
W.M.P.No.24210 of 2023
24.08.2023
https://www.mhc.tn.gov.in/judis
