[Cites 1, Cited by 0]
Madras High Court
M/S.Sri Jayavilas Subburaj Spinning ... vs The Employees Provident Fund on 17 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD)No.7136 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD)No.7136 of 2026
and
W.M.P.(MD)Nos.5844 and 5845 of 2026
M/s.Sri Jayavilas Subburaj Spinning Mills (P) Ltd,
Thiruchuli (Tk),
Aruppukottai,
Virudhunagar - 626 129. ... Petitioner
-vs-
1.The Employees Provident Fund,
Appellate Tribunal,
Bengaluru Branch,
Bengaluru.
2.The Assistant Provident Fund Commissioner,
Employees Provident Fund Organization,
Regional Office, Ladydoak College Road,
Chokkikulam, Madurai - 625 002.
Tamil Nadu. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorari calling for the records relating to order passed in
M.P.No.106/2025 in EPFA No.278/2018 dated 26.12.2025 on the file of the first
respondent and quash the same.
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W.P.(MD)No.7136 of 2026
For Petitioner : Mr.V.O.S.Kalaiselvam
For R2 : Mr.A.Sivasubramanian
Standing Counsel
ORDER
The Writ Petition has been filed challenging the impugned order dated
26.12.2025, whereby the application filed by the petitioner in M.P.No.106 of
2025, seeking restoration of the appeal in E.P.F.A.No.278 of 2018, came to be
rejected.
2. The learned counsel for the petitioner submits that, in fact, the entire
amount has already been realized and that the petitioner has substantial grounds
to be urged in the appeal. It is further submitted that the appeal was originally
dismissed without proper intimation to the petitioner, and thereafter, the
restoration petition also came to be rejected. According to the learned counsel, the
hearing was fixed by merely affixing notice on the Notice Board on the same
morning, and the matter was dismissed for default. It is contended that the default
was neither wilful nor wanton.
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3. Per contra, the learned Standing Counsel appearing for the second
respondent supports the impugned order, contending that only an internet extract
has been produced before this Court. It is further submitted that when the
petitioner failed to appear, particularly, in respect of a restoration application, the
Tribunal was justified in dismissing the same.
4. I have considered the rival submissions and perused the materials
available on record.
5. Considering the submission that the appeal had already been filed and
that the petitioner has raised certain defences and along with the restoration
petition, written arguments relating to the main appeal have also been filed, this
Court is of the view that one more opportunity ought to be granted to the
petitioner to prosecute the appeal on merits.
6. In view of the above, the impugned order dated 26.12.2025 passed in
M.P.No.106 of 2025 is set aside. Consequently, M.P.No.106 of 2025 stands
allowed, and the appeal in E.P.F.A.No.278 of 2018 is restored to the file of the
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first respondent Tribunal. It is made clear that the petitioner shall diligently
prosecute the matter and, as and when the appeal is listed, shall be present before
the Tribunal without fail and argue the case. No further notice of hearing shall be
issued to the petitioner. The appeal shall be considered on its own merits and
disposed of in accordance with law.
7. Accordingly, the Writ Petition stands disposed of. No costs.
Consequently, the connected Miscellaneous Petitions are closed.
17.03.2026
Neutral Citation : No
smn2
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To:-
1.The Employees Provident Fund,
Appellate Tribunal,
Bengaluru Branch,
Bengaluru.
2.The Assistant Provident Fund Commissioner,
Employees Provident Fund Organization,
Regional Office, Ladydoak College Road,
Chokkikulam, Madurai - 625 002.
Tamil Nadu.
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D.BHARATHA CHAKRAVARTHY, J.
smn2
17.03.2026
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