1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.A.(MD).No.303 of 2011 and M.P.No.2 of 2011 The Official Liquidator, TNGH 125, Palayapettai Industrial Weavers, Co-operative Production & Sales Society, O/o.Assistant Director of Handlooms and Textiles, Tirunelveli 627 011. : Appellant/Petitioner Vs. 1.The Union of India, Rep by its Secretary to Government, Department of Labour, New Delhi. 2.The Chairman, Central Board of Trustees, EPF Organization, New Delhi. 3.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub – Regional Office, N.G.O."B" Colony, Tirunelveli 627 007. 4.The Recovery Officer, Office of the Recovery Officer, Employees Provident Fund Organization, Sub – Regional Office, N.G.O."B" Colony, Tirunelveli 627 007. : Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 26.11.2010 made in W.P.(MD). No.7089 of 2007 on the file of this Court. WP.No.7089 of 2007:- Presented to this Court under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the proclamation of sale issued by the fourth respondent in his proceedings, https://hcservices.ecourts.gov.in/hcservices/ 2 No.TN/TNY/33182/Dnf.I. Recy/2007 dated 02.08.2007 and quash the same as illegal and consequently to direct the respondents 1 and 2 to consider the application dated 09.05.2006 of the Petitioner seeking exemption under Section 17(1)(a) of the Employees Provident Funds Miscellaneous Provisions Act 1952. For Appellant : Mr.M.Ajmal Khan For Respondent 1 : Mr.A.Saravanan For Respondents3&4 : Mr.K.Murali Shankar JUDGMENT ************* [Judgment of the Court was delivered BY K.SUGUNA, J] This Writ Appeal is filed as against the order dated 26.11.2010 made in W.P.(MD).No.7089 of 2007. 2. The fourth respondent herein issued a proclamation of sale notice dated 02.08.2007 to recover the employees provident fund contribution due from the appellant Co-operative Society. Challenging the same, the appellant filed the said Writ Petition. However, by order dated 26.11.2010, the said Writ Petition was dismissed. 3. According to the learned counsel for the appellant, already the appellant - Co-operative Society has been liquidated, and therefore, basing on the order of this Court dated 31.01.2006 made in W.P.No.17996 of 2001, the appellant – Co-operative Society filed an application before the first respondent for grant of exemption for the payment of employees provident fund contribution. 4. The learned counsel for the first respondent has brought to the notice of this Court that as far as exemption is concerned, the appellant - Co-operative Society has not filed the exemption application within the time limit fixed by this Court in the earlier Writ Petition, hence the same was returned by the first respondent on 12.09.2006. 5. According to the learned counsel for the appellant, the appellant – Co-operative Society has already resubmitted the exemption application on 06.01.201 and the amount due from the appellant – Co-operative Society is Rs.2,05,223.90. 6. According to the learned counsel for the first respondent, in view of the specified period fixed by this Court in the earlier Writ Petition filed by the appellant in W.P.No.17996 of 2001 and since the application for grant of exemption was submitted belatedly, the first respondent is not in a position to dispose of the same and in the event of any direction from this Court, the application for grant of exemption will be considered by the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 3 7. In view of this and taking note of the fact that the appellant is not a private entity, but it is a Co-operative Society, the appellant – Co-operative Society is directed to resubmit a copy of the exemption application dated 06.01.2011 along with a copy of this order to the first respondent on or before 16.03.2011 and on receipt of the same, the first respondent is directed to consider the exemption application and pass orders within a period of one week thereafter. However, as far as the second respondent is concerned, he is retrained from proceeding further against the appellant Co-operative Society, on condition that the appellant has to deposit a sum of Rs.1,00,000/- [Rupees one Lakhs] out of the due of Rs.2,00,000/- [Rupees Two Lakhs] before the fourth respondent within a period of 15 days from the date of receipt of a copy of this order and the balance amount shall be paid by the appellant Co-operative Society basing on the orders to be passed by the first respondent in the exemption application. It is made clear that in the event of failure on the part of the appellant – Co- operative Society to take steps to resubmit the application for grant of exemption on or before 16.03.2011, the respondents are at liberty to proceed further against the appellant Co-operative Society. The Writ Appeal is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Secretary to Government, The Union of India, Department of Labour, New Delhi. 2.The Chairman, Central Board of Trustees, EPF Organization, New Delhi. 3.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub – Regional Office, N.G.O."B" Colony, Tirunelveli 627 007. 4.The Recovery Officer, Office of the Recovery Officer, Employees Provident Fund Organization, Sub – Regional Office, N.G.O."B" Colony, Tirunelveli 627 007. +One cc to M/s.M.Ajmalkhan, Advocate, SR.No.5913 +One CC to M/s.A.Saravanan, Advocate, SR.No.5750 NB rl/7c – 14.3.2011 JUDGMENT MADE IN W.A.(MD).No.303 of 2011 10.03.2011 https://hcservices.ecourts.gov.in/hcservices/