Madras High Court
The Regional Provident Fund ... vs Q-1283 on 2 February, 2021
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
W.A(MD)No.568 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.568 of 2013
and
M.P(MD)Nos.1 and 1 of 2013
1.The Regional Provident Fund Commissioner,
Employees Provident Fund Organization,
Regional Office,
Lady Doak College Road,
Chockikulam,
Madurai,
Madurai District.
2.The Assistant Provident Fund Commissioner,
Employees Provident Fund Organization,
Regional Office, Regional Office,
Madurai,
Madurai District. ... Appellants/Respondents
Vs.
1.Q-1283, Kidathiraukkai Primary Agriculture
Co-operative Bank,
Kidathirukkai Post,
Mudukulathur Taluk,
Ramanathapuram District,
Represented by its Secretary,
K.Muthuvelsamy ... Respondent/Writ Petitioner,
2.The Manager,
Ramnad District Central Co-operative Bank,
Mudukulathoor,
Ramanathapuram District. ... Respondents / 4th respondent
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W.A(MD)No.568 of 2013
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 15.09.2011 passed in W.P(MD)No.3024 of 2010.
For Appellants : Mr.K.Murali
For R-1 : Mr.R.Saravanan
For R-2 : Mr.D.Shanmugaraja Sethupathi
JUDGMENT
(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) The writ appeal is directed against the order dated 15.09.2011 passed in W.P(MD)No.3024 of 2010.
2. The Writ Petition was originally filed challenging the order passed under Section 7(Q) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, dated 17.09.2009, imposing damages for the delay in deposit of the contribution and also the executory order passed under Section 8(F) of the Act.
3. The writ petitioner/Bank had submitted voluntary coverage under Section 1(4) of the Act, which was accepted and the coverage was extended to the petitioner establishment with effect from 01.03.1994. The petitioner committed default in deposit of the contribution. Hence, recovery proceedings were initiated and interest was levied and the said order is under Challenge.
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4. The writ petitioner had contended that they had opted out the coverage of the Act and that they are not liable to pay. However, once the establishment is covered under the Act, it cannot opt out the coverage. However, the writ petition was allowed by the learned Single Judge holding that once the writ petitioner prayed to withdraw from the provision of the Act and the respondents are bound to accept the request and any proceedings initiated after the request for the withdrawal are without jurisdiction. Aggrieved by the said order, the above writ appeal is filed.
5. When the matter was taken up for hearing today, the learned counsel appearing for the first respondent filed a memo stating as follows:
“MEMO FILED ON THE SIDE OF THE 1ST RESPONDENT It is respectfully stated that the 1st respondent society has enrolled the membership in the EPF office and paid contributions to their employees till now pendency of the case.
Further, it respectfully stated that the 2nd respondent society is continuing the EPF scheme. To that http://www.judis.nic.in Page 3/6 W.A(MD)No.568 of 2013 effect this memo is filed before this Honourable Court.”
6. The learned counsel appearing for the appellants also consented to record the said memo and dismiss the appeal.
7. In view of the above, the writ appeal is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.
[P.S.N.,J] [S.K.,J.]
02.02.2021
Index :Yes/No
Internet :Yes/No
pm
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
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1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Project Officer(ICDS), District Project Office, Anganvadi Centers, Near Railway Over Bridge, Virudhunagar – Aruppukkottai Road, Virudhunagar, Virudhunagar District.
3.The Child Development Project Officer, Child Development Project Office, Sevalpatti, Kariyapatti Taluk, Virudhunagar District.
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and S.KANNAMMAL,J.
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