NOORJAHAN BEEVI Vs. VAGIKHA AMMAL

JUDGEMENT

(1.) BY consent the writ petition itself is taken up for disposal.

(2.) HEARD Mr.G.Thalamutharasu, the learned counsel for the petitioner and Mr.V.S.Karthik, the learned counsel for the respondents.

(3.) WHILE that being so, the petitioner has been allotted a code number by the second respondent for the charges of making compliance with the various provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred as the 'Act'). Thereafter, the establishment has sent a detailed explanation to the second respondent on 23.01.2008 requesting to drop all the proceedings initiated against it under the Act and revoke the letter of the second respondent dated 05.12.2007. Subsequently, the establishment was called for attending the proceedings initiated under Section 7(A) of the Act. Since the second respondent was proceeding further without going into the application of the Act, they have filed a writ petition in W.P.(MD).No.4380 of 2008 before this Court to quash the proceeding initiated against the petitioner. This Court by its judgment, dated 07.05.2008, has disposed of the said petition with a direction to the second respondent that the question of applicability should be considered before proceeding further. Based on the said direction, the second respondent has conducted a detailed enquiry and the establishment has also filed a written submission and raised objections in regard to the application of the Act vide his letter, dated 23.01.2008.