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2010 Supreme(Mad) 2231

K.CHANDRU
Management Coromandel International Ltd. , Rep. By its Regional Head H. R. , Ranipet – Appellant
Versus
Asst. Provident Fund Commissioner, S. R. O. , Employees Provident Fund Organisation, Vellore – Respondent


Advocates Appeared:
For the Petitioner:S. Ravindran for M/s. T.S. Gopalan and Co, Advocates.
For the Respondents:R1, V. Vibhishanan & R2, S.T. Varadarajulu & Ravi for R3, M/s. Gupta and Ravi, Advocates.

Judgment :-

1. The writ petition was filed seeking to challenge the proceedings dated 22.12.2000 pursuant to the notice dated 29.04.1998 on the file of the first respondent/Assistant Provident Fund Commissioner, Vellore and seeks for a direction to forbear from conducting any enquiry against the petitioner.

2. The writ petition was admitted on 22.02.2001. Pending the writ petition, this Court granted an order of injunction against the first respondent from further proceeding with the enquiry under Section 7A of the EPF Act.

3. It was the contention of the petitioner that the authority has no power to reopen any proceedings which were already concluded. Subsequently, the injunction was made absolute on 29.08.2003 on the ground that the respondent PF Department has not filed any reply to the allegations made by the petitioner Management.

4. It was thereafter on 06.08.2001, a counter affidavit was filed by the first respondent. When the matter was taken up, a settlement under Section 18(1) of the I.D.Act dated 19.11.2009 reached between the Contractors M/s.K.Anandaraj and P.Anbazhagan with the EID Parry Coromandel Fertilisers Contract Employees Union was produced. In that the trade









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