Madras High Court
Diocesan Missionary Prayer Band vs The Assistant Provident Fund ... on 24 January, 2019
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2019
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.8452 of 2010
Diocesan Missionary Prayer Band,
Kanyakumari Diocese(C.S.I.),
Near C.S.I.Bishop's Bungalow,
Nagercoil – 629 001,
Kanyakumari District,
Represented by its General Secretary. ... Petitioner
Vs.
1. The Assistant Provident Fund Commissioner,
Employee's Provident Fund Organisation,
Sub-Regional Office,
66, Water Tank Road,
Nagercoil – 629 001,
Kanyakumari District,
Pin 629 001.
2. The Enforcement Officer,
Employees' Provident Fund Organisation,
Sub-Regional Office,
66, Water Tank Road,
Nagercoil – 629 001,
Kanyakumari District,
Pin 629 001. ... Respondents
http://www.judis.nic.in
2
PRAYER : Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorari, calling for
the records of the first respondent pertaining to his order in
No/TN/NGL/79036/Enf CC-32/2010 dated 15.06.2010 on his
file, quash the same.
For Petitioner : Mr.K.N.Thampi
For R-1 : Mr.K.Gurunathan
***
ORDER
The petitioner is a religious institution. They opted to come under voluntary coverage by giving consent letter dated 11.05.2009. The petitioner's request was accepted and an order was passed by the first respondent bringing the petitioner's establishment under the coverage of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 with effect from 01.04.2009. Thereafter, the petitioner was served with a communication dated 27.04.2010, calling upon them to transfer the past accumulations of private/public Provident Fund to the office of the first respondent along with past accumulations statement. The http://www.judis.nic.in 3 petitioner by letter dated 12.06.2010 submitted that there has been no such accumulation as claimed in the communication of the first respondent. This was followed by the impugned order dated 15.06.2010, directing the Writ petitioner to transfer forthwith the past accumulations. The petitioner was informed that noncompliance of the direction would lead to penal action under the statute. That necessitated the filing of this Writ petition.
2. Heard the learned counsel appearing for the Writ petitioner and the learned Standing counsel appearing for the first respondent.
3. The learned Standing counsel appearing for the first respondent submits that the authorities who are having power under Section 15 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, issued the impugned direction. But then, when the foundational premises are seriously questioned by the Writ petitioner, in the very nature of things, there will have to be an enquiry. The order http://www.judis.nic.in 4 impugned in the Writ petition has been passed in violation of principles of natural justice. The order dated 27.04.2010 was not preceded by any notice. The stand of the respondents appears to be one of predetermination.
4. Therefore, the order impugned in the Writ petition stands quashed. The Writ petition stands allowed, accordingly. The matter is remitted to the file of the first respondent who shall issue a proper notice to the Writ petitioner and after holding an enquiry, pass appropriate orders in accordance with law. It is made clear that all the contentions of the Writ petitioner are left open. No costs.
24.01.2019 Index : yes/No Internet:Yes/No pmu http://www.judis.nic.in 5 To
1. The Assistant Provident Fund Commissioner, Employee's Provident Fund Organisation, Sub-Regional Office, 66, Water Tank Road, Nagercoil – 629 001, Kanyakumari District, Pin 629 001.
2. The Enforcement Officer, Employees' Provident Fund Organisation, Sub-Regional Office, 66, Water Tank Road, Nagercoil – 629 001, Kanyakumari District, Pin 629 001.
http://www.judis.nic.in 6 G.R.SWAMINATHAN,J.
pmu W.P.(MD)No.8452 of 2010 24.01.2019 http://www.judis.nic.in 7 http://www.judis.nic.in