M/S.Omega Zips vs The Squad Enforcement Officer
2023 Latest Caselaw 6233 Mad

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 14.06.2023

                                                  CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                          W.P.(MD)No.8233 of 2015
                                                   and
                                           M.P.(MD)No.1 of 2015

              M/s.Omega Zips,
              Represented by its Proprietor RM.Ammanalai.                  ...   Petitioner

                                                     Vs.

              1. The Squad Enforcement Officer,
                 Bhavishya Nighi Bhavan,
                 NGO 'B' Colony,
                 Tirunelvei – 627 007.

              2. The Regional Provident Fund Commissioner,
                 Bhavishya Nighi Bhavan,
                 NGO 'B' Colony,
                 Tirunelvei – 627 007.                                     ...   Respondents


              PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for
              issuance of a Writ of Certiorari, calling for the records of the 1st respondent in
              proceeding No.TN/SRO/TNY/IR/Eos-Squad/2015 dated 27.04.2015 and quash the
              same.




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

              1/4
                                       For Petitioner    : M/s.S.Ravindran
                                       For Respondents   : Mr.K.Murali Sankar

                                                         ORDER

This writ petition is filed challenging the impugned order, dated

27.04.2015.

2. The contention of the respondent EPF organization is that the

petitioner's establishment has not taken minimum wages while calculating the

salary. Moreover, several portions of the wages are granted as allowances.

3. Since the Hon'ble Supreme Court has elaborately dealt with the

similar issue in Regional Provident Fund Commissioner Vs. Vivekananda

Vidyamandir and others batch in Civil Appeal No.6221 of 2011 reported in (2020)

17 SCC 643 and direction was issued that some of the allowances ought to be taken

and other allowances can be rejected, hence this Court is inclined to allow the writ

petition.

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

4. The impugned order passed by the respondents, dated 27.04.2015 is

hereby quashed. The respondents are directed to consider the petitioner’s case in the

light of the judgment rendered in Vivekananda Vidyamandir’s case and pass orders,

within a period of 3 months from the date of receipt of a copy of the order.

5. With these observations and directions, this Writ Petition is allowed.

No Costs. Consequently, connected miscellaneous petition is closed.

              Index : Yes / No                                                14.06.2023
              Internet : Yes
              ksa

              To

1. The Squad Enforcement Officer, Bhavishya Nighi Bhavan, NGO 'B' Colony, Tirunelvei – 627 007.

2. The Regional Provident Fund Commissioner, Bhavishya Nighi Bhavan, NGO 'B' Colony, Tirunelvei – 627 007.

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

S.SRIMATHY, J

ksa

Order made in W.P.(MD)No. 8233 of 2015

14.06.2023

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