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J. NISHA BANU
Periyar University (TN/90790) Rep. By its Registrar, Dr. K. Angamuthu – Appellant
Versus
Regional Provident Fund Commissioner II, Salem – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the respondent in 7A notice in Ref.No.TN/CB/SLM/COMP-I/90790/ Applicability/S5/2014, dated 26.06.2014 and quash the same and consequently direct the respondent to pay back the excess amount of Rs.3,61,97,456/- recovered from the bankers of the petitioner with a simple interest of 12% per annum.)
1. Seeking to quash the impugned 7A notice made in Ref.No.TN/CB/ SLM/COMP-I/90790/Applicability/S5/2014, dated 26.06.2014 and for a further consequential direction to the respondent to pay back the excess amount of Rs.3,61,97,456/- recovered from the bankers of the petitioner with a simple interest of 12% per annum, the petitioner has filed the present writ petition.
2. According to the learned counsel for the petitioner, the petitioner Establishment is an educational institution established by the Government of Tamil Nadu at Salem on 17th September 1997. The petitioner Establishment is functioning under the Periyar University Act 1997 and being administered by the Senate Members under the leadership of Vice Chancellor. The petiti
The main legal point established is that the petitioner's appeal lies under Section 7-I of the EPF Act, and the disputed issues are to be adjudicated by the statutory authority in the pending appeal.
The Tribunal has no jurisdiction to entertain an appeal filed beyond 120 days from the date of issuance of the order, and cannot condone the delay beyond the said period.
The court upheld the Tribunal's order requiring the petitioner to deposit 40% of the assessed amount, emphasizing compliance with the Employees Provident Funds Act for employee welfare.
The right of appeal is statutory and subject to limitation; an appeal dismissed for delay cannot be reconsidered on merits.
The main legal point established in the judgment is the authority of the Regional Provident Fund Commissioner to decide the entitlement of an employee to become a member and the date from which the e....
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