Assistant Provident Fund Commissioner vs S.Kamala Alias Yamini
2024 Latest Caselaw 21699 Mad

Madras High Court

Assistant Provident Fund Commissioner vs S.Kamala Alias Yamini on 15 November, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                  W.A.No.3351 of 2024


                                   THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 15.11.2024
                                                        CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                   AND
                                   THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                                W.A.No. 3351 of 2024
                                                        and
                                               C.M.P.No.25986 of 2024


                     Assistant Provident Fund Commissioner,
                     Employees Provident Fund Organization,
                     Regional Office (Chennai Region),
                     No.37, Royapettah High Road,
                     Azad Nagar, Royapettah,
                     Chennai – 600 014.                                            ...Appellant


                                                         Vs.

                     1.S.Kamala Alias Yamini
                     2.S.Kannan                                                    ...Respondents


                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
                     final order dated 18.08.2023 passed in W.P.No.12952 of 2017.
                                        For Appellant      : Mr.K.Venkatesan
                                        For Respondents : Mr.V.M.Venkataramana


                                                         ****

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https://www.mhc.tn.gov.in/judis
                                                                                         W.A.No.3351 of 2024


                                                        JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

The appellant which is the Employees Provident Fund Organization

is only an agent which maintains the provident fund accounts of the

employees. No doubt Section 10 of the Employees Provident Funds and

Miscellaneous Provisions Act, 1952 exempts provident fund from

attachment. All that has been done by the Writ Court is, with the view to

protect the interest of the wife who is deserted by the husband, to direct the

money to be put in Court. This order by no means can cause prejudice to

the appellant.

2. Once the appellant is not prejudiced by the order, it is not open to

the appellant to challenge the order. We do not find any merits in the

appeal, accordingly, this Writ appeal is dismissed. No costs. Consequently,

the connected miscellaneous petition is closed.

                                                                            (R.S.M., J.)    (C.K., J.)
                     dsa                                                            15.11.2024
                     Index                    : No
                     Neutral Citation         : No
                     Speaking Order

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

To

The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office (Chennai Region), No.37, Royapettah High Road, Azad Nagar, Royapettah, Chennai – 600 014.

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

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa

15.11.2024

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