LAWS(MAD)-2011-4-88

SREE GOKULAM SIZING MILLS Vs. REGIONAL PROVIDENT COMMISSIONER

Decided On April 27, 2011
SREE GOKULAM SIZING MILLS, TIRUCHENGODE, REP. BY ITS M.D. M. PALANICHAMY Appellant
V/S
REGIONAL PROVIDENT COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SALEM Respondents

JUDGEMENT

(1.) Both the writ petitions were filed by the same Petitioner. The Petitioner is a sizing mill. In the first writ petition, they have challenged the order of the Respondents 3 to 5 viz., dated 07.07.2006 as well as the consequential order passed by the second Respondent Assistant Provident Fund Commissioner dated 21.08.2006 and the order passed by the first Respondent Regional Provident Fund Commissioner dated 18.01.2010 and after setting aside the same, seeks for a consequential direction to forbear the Respondents from demanding or collecting Employees Provident Fund amount from the Petitioner.

(2.) In the second writ petition, they sought to challenge the order of the State Government in G.O. Ms. No. 5 Labor Employment Department, dated 23.01.2009 as arbitrary, without jurisdiction and ultra virus of Article 258A of the Constitution of India.

(3.) Both the writ petitions were admitted on 20.05.2010. Pending the writ petitions, an interim order was granted for a limited period.