SRI NACHAMMAI COTTON MILLS LTD. Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS.

JUDGEMENT

(1.) This writ petition is filed seeking a direction to the second respondent not to take any coercive steps including recovering the ordered amount and against the notice in No.MD/MDU/1092/M-40/RECY/CP-25/2019, dated 22.10.2019, pending disposal of the appeal before the EPF Appellate Tribunal in EPFA No.397/2018.

(2.) Mr.K.C.Ramalingam, learned Standing Counsel takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

(3.) The second respondent issued orders under Section 14-B and 7-Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [hereinafter referred to as 'the Act']. Consequent to the said order, a certificate was issued in MDMDU7455/0001092/13/04/2016/501/35 dated 13.04.2016, in respect of payment of amount. Thereafter, the petitioner has preferred an appeal against the order passed by the authority and the same is still pending. In the meanwhile, the stay granted by the Appellate Tribunal was vacated for non compliance of the conditions imposed for grant of stay. Now that, by the impugned show cause notice dated 22.10.2019, the petitioner was asked to appear before the Recovery Officer to show cause as to why he should not be committed to the civil prison in execution of the said certificate. Aggrieved over the same, the petitioner is before this Court.