GOOD SHEPARD MATRIC.HR.SEC. v. THE REGIONAL PROVIDENT FUND
WP(MD)/11546/2017 · 2025-08-21
R Vijayakumar
Transfer Petitionbody2025
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[ 2025 DAILYLAW 162275 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162275 (MAD) · dailylaw.ai ]
Judgment text
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W.P(MD)No.11546 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025 CORAM THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.11546 of 2017 and W.M.P(MD)No.8884 of 2017 Good Shepard Matric Hr. Sec. School, Represented by its Correspondent, P.George.
... Petitioner Vs. 1.The Regional Provident Fund Commissioner, EPF Organisation, Sub-Regional Office, No.66, Water Tank Road, Nagercoil, Kanyakumari District. 2.The Assistant Provident Fund Commissioner, EPF Organisation, Sub-Regional Office, No.66, Water Tank Road, Nagercoil, Kanyakumari District. 3.The Recovery Officer, EPF Organisation, Sub-Regional Office, No.66, Water Tank Road, Nagercoil, Kanyakumari District. ... Respondents 1/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.11546 of 2017 Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to
the
impugned
recovery
order
vide
RRC No.MDNKL1453/0020873/12/04/2017/502/35, dated 12.04.2017 on the file of the third respondent and quash the same. For Petitioner : Mr.S.Rajasekar for M/s.T.Lajapathi Roy & Associates
For Respondents : Mr.M.Mahaboob Athiff Standing Counsel for EPFO
ORDER The present writ petition has been filed by the Management of a Matriculation School challenging the recovery certificate issued under Section 8B to 8G of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
2. A perusal of the records reveal that the petitioner's School has suffered an order under Section 7A of the said Act and a consequential order of enforcement, dated 12.10.2015. Challenging these two orders, the School Management had filed W.P(MD)No.21354 of 2015 before this Court. This writ petition was dismissed as withdrawn on 01.12.2015 with liberty to the School 2/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.11546 of 2017 Management to file an appeal under the said Act. However, so far no appeal has been filed by the School Management.
3. In such circumstances, the EPF Organisation has issued the impugned recovery order on 12.04.2017 which is put to challenge in the present writ petition.
4. The facts narrated above will clearly indicate that the petitioner Management, having not challenged the order passed under Section 7A of the said Act, the present challenge made to the recovery proceedings is not maintainable. Hence, there are no merits in the present writ petition. Therefore, the writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed. 21.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.11546 of 2017 To 1.The Regional Provident Fund Commissioner, EPF Organisation, Sub-Regional Office, No.66, Water Tank Road, Nagercoil, Kanyakumari District. 2.The Assistant Provident Fund Commissioner, EPF Organisation, Sub-Regional Office, No.66, Water Tank Road, Nagercoil, Kanyakumari District. 3.The Recovery Officer, EPF Organisation, Sub-Regional Office, No.66, Water Tank Road, Nagercoil, Kanyakumari District. 4/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.11546 of 2017 R.VIJAYAKUMAR, J.
BTR W.P(MD)No.11546 of 2017 21.08.2025
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