1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.(MD).No.4833 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 M.S.Gurunathan :Petitioner -Vs- The Recovery Officer, Employees' Provident Fund Organization, Sub-Regional Office, Bhavisya Nidhi Bhavan, NGO 'B' Colony, Perumalpuram PO, Tirunelveli - 627 007 :Respondent PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to the impugned notice dated 03.03.2011 in TN/TNY/55360/Recy CP25/2011 on the file of the respondent and quash the same as illegal. For Petitioner : Mr.S.M.A.Jinnah For Respondent : Mr. K.Muralilshankar ORDER The petitioner has approached this Court to challenge the notice, dated 03.03.2011, issued by the Recovery Officer, ie. Assistant Provident Fund Commissioner, in exercise of powers under Section 7-A of the Employees' Provident Fund and Miscellaneous Provisions Act 1952, [herein-after referred to as the "Act"] and that of the order of Employees Provident Fund Appellate Tribunal, assessing the contribution payable by the petitioner. 2.On the failure to the petitioner to deposit the amount, the impugned notice was issued calling upon the petitioner to appear before the Recovery Officer on 17th March 2011, to show cause, as to why he should not be committed to civil prison in execution of the certificate. 3.The petitioner instead of filing reply and challenging the right of recovery, has chosen to file the present Writ Petition in this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 4.With the Writ Petition, a copy of an appeal has been attached, which is stated to have been filed against the order passed under Section 7-A of the Act. The remedy, with the petitioner therefore is to move for stay before the Employees Provident Fund Appellate Tribunal, New Delhi, in the pending appeal, and also to reply to the show cause notice, giving reasons as to why the respondent cannot resort to coercive method of recovery from the petitioner. 5.The Writ Petition is not maintainable. 6.However, the petitioner shall be at liberty to file the stay application in the pending appeal, within a period of one month from the date of receipt of a certified copy of the order. In the case any such application is filed, the learned Employment Provident Fund Appellate Tribunal, New Delhi, is directed to dispose of the application within two months of the filing of the said application, after giving opportunity of hearing to the petitioner. Till the disposal of the application of stay, the stay order passed by this Court shall continue. 7.Connected Miscellaneous Petitions are also dismissed. No costs. Sd/- Assistant Registrar (AE) / TRUE COPY / Sub Assistant Registrar To: The Recovery Officer, Employees' Provident Fund Organization, Sub-Regional Office, Bhavisya Nidhi Bhavan, NGO 'B' Colony, Perumalpuram PO, Tirunelveli - 627 007. vsg RP/26.09.2011/2P/2C. W.P.(MD).No.4833 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 09.09.2011. https://hcservices.ecourts.gov.in/hcservices/