THE CENTRAL BOARD OF TRUSTEES v. M/S.MOHAN BREWERIES DISTILLERS LTD
WP/4095/2024 · 2026-07-28
K Surender
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 5003 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 5003 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 4095 of 2024 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER WP No. 4095 of 2024 AND WMP NO. 4406 of 2024 The Central Board of Trustees Rep. by Regional Provident Fund Commissioner-II Employees Provident Fund Organisation, Regional Office : Tambaram, No.3, Rajaji Salai, Tambaram, Chennai – 600 045. ..Petitioner(s) Vs M/s.Mohan Breweries Distillers Ltd Vedanarayanapuram, Venpakkam Post, Chengalpattu- 603 002. ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the Hon’ble Central Government Industrial Tribunal Cum Labour Court, Chennai in EPFA No.296/2019 dated 05.06.2023 and quash the same. For Petitioner(s): Mr.Dwarakesh Prabhakaran For Respondent(s): Mr.Haroon Al Rasheed For M/s. Agam Legal Advocates https://www.mhc.tn.gov.in/judis
WP No. 4095 of 2024 __________ Page2 of 4 ORDER This Writ Petition is filed challenging the order of the Central Government Industrial Tribunal Cum Labour Court, Chennai in EPFA No.296/2019 dated 05.06.2023. 2. The respondent was due amounts towards PF contribution, which was belated. The outstanding is not in dispute and belated payment is also not in dispute. The payment of 7Q is also paid and the interest component that was arrived at under 7Q already paid in full. 3. The Central Government Industrial Tribunal found that in the circumstances of the case when the company is closed, in the interest of justice the damages calculated under Section 14B of the EPF & MP Act would reduce by 55% and directed the respondent to pay 45% of the said amount which amounts to Rs.5,83,124/-. 4. According to the learned counsel for the petitioner the company has already been closed. Though the damages can be quantified for delayed payment, however, discretion is left open to the Industrial Tribunal to reduce the said damages component for reasons. In the present case, the reasons cited was that the company was closed and the company did not have the resources to pay https://www.mhc.tn.gov.in/judis
WP No. 4095 of 2024 __________ Page3 of 4 the entire component of damages. 5. I do not find any infirmity with the findings of the Central Government Industrial Tribunal reducing the damages component under Section 14B of the EPF & MP Act to 45%. The amount has already been paid. No grounds to interfere in the order passed by the Tribunal. 6.
Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 28-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MTL https://www.mhc.tn.gov.in/judis
WP No. 4095 of 2024 __________ Page4 of 4 K.SURENDER J. MTL WP No. 4095 of 2024 AND WMP NO. 4406 of 2024 28-07-2026 https://www.mhc.tn.gov.in/judis