1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.688 of 2011 and M.P.(MD)No.1 of 2011 R.Gunaseelan ...Appellant/Petitioner Vs. 1.The Provident Fund Commissioner II, Employees Provident Fund Organization, Sub Regional Office, 10 A/3, St.Thomas Road, High Grounds, Tirunelveli 627 011. 2.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, 10 A/3, St.Thomas Road, High Grounds, Tirunelveli 627 011. 3.The Recovery Officer, Employees Provident Fund Organization, Sub Regional Office, Bhavishyanidhi Bhavan, N.G.O.colony, Tirunelveli 627 007. 4.The Manager (Legal), M/s. Poompukar Shipping Corporation Ltd., Thoothukudi District. 5.The Chief Engineer, Thoothukudi Thermal Power Station, TNEB, Thoothukudi District. ...Respondents/Respondents Prayer: The Writ Appeal is filed under Clause 15 of Letters Patent Act, against the order dated 30.11.2010 passed by this Court in W.P.(MD) No.8832 of 2008. WP.8832 of 2008 : Prayer : Petition filed Under Article 226 of the Constitution of India, praying for issuance of a Wirt of Mandamus to direct the second respondent to pass final order in the Joint sittings having reference No.TN/TI/29752/Enf II /1/2006 for resolving the dispute of excess collection of E.P.F contribution for the petitioner's M/s.Sarveswaran, Enterprises IEPF Code No.29752 (TN) and defer all recovery proceedings till passing final order in the said joint sittings. https://hcservices.ecourts.gov.in/hcservices/ 2 For Appellant : Mr.C.Dhanaseelan For Respondents : Mr.P.Karthikeyan for R1 Mr.K.Selvam for R2 JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) The Writ Appeal is directed against the order of the learned Single Judge dated 30.11.2010 in W.P.(MD)No.8832 of 2008 by which, the learned Single Judge has dismissed the Writ petition filed by the appellant seeking a direction against the 2nd respondent to pass final orders in the joint sittings and resolve the disputes in respect of the alleged excess collection of Employees Provident Fund contribution on behalf of the petitioner's company viz., M/s.Sarveswaran Enterprises. 2.It is seen that as against the petitioner’s company, an order has been passed under Sections 7(A) and 14(B) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (herein after called as the Act). However, in the meantime, in respect of recovery of the amount due under the Act, there has been some conciliation by way of joint sitting as per the direction of the Court. 3.Admittedly, the appellant has not challenged the order issued under Sections 7(A) and 14(B) of the said Act. It was in those circumstances, the learned Single Judge, has correctly held that the petitioner has to work out his remedy in the manner known to law and not by approaching this Court by filing a Writ petition under Article 226 of the Constitution of India. 4.Taking note of the fact that the petitioner has been pursuing the matter before this Court, we are of the view that the petitioner should be permitted to file an appeal against the order passed under Sections 7(A) and 14(B) of the Act within the stipulated time. 5.Accordingly, the Writ Appeal stands dismissed, however, with liberty to the petitioner to file an appeal against the order passed by the authorities under Sections 7(A) and 14(B) of the Act. If such appeal is filed within 8 weeks from the date of receipt of a copy of this order, the appellate authority under Act shall consider the same on merits and in accordance with law without rejecting it on the ground of limitation and such order shall be passed within a period of 3 months from the date of filing of such appeal. It is needless to state that till filing of such appeal within the time stipulated herein, the recovery proceedings shall be deferred. 6.The Writ Appeal is disposed of with the above terms. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Provident Fund Commissioner II, Employees Provident Fund Organization, Sub Regional Office, 10 A/3, St.Thomas Road, High Grounds, Tirunelveli 627 011. 2.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, 10 A/3, St.Thomas Road, High Grounds, Tirunelveli 627 011. 3.The Recovery Officer, Employees Provident Fund Organization, Sub Regional Office, Bhavishyanidhi Bhavan, N.G.O.colony, Tirunelveli 627 007. 4.The Manager (Legal), M/s. Poompukar Shipping Corporation Ltd., Thoothukudi District. 5.The Chief Engineer, Thoothukudi Thermal Power Station, TNEB, Thoothukudi District. +1cc to Mr.C.Dhanaseelan, Advocate, Sr.No.25261 nbj GH : 17.08.2011 : 3p/7c W.A.(MD)No.688 of 2011 28.07.2011 https://hcservices.ecourts.gov.in/hcservices/