Azhappa Spinning Mills Private Limited, Sankarankovil Road, Represented by its Managing Director, N. Sendaamarai. Rajapalayam vs Enforcement Officer, Employee Provident Funds Organization District Office, II Floor, Jawan's Bhavan Police Station Road, Sivakasi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 282

C. KUMARAPPAN
Azhappa Spinning Mills Private Limited, Sankarankovil Road, Represented by its Managing Director, N. Sendaamarai. Rajapalayam – Appellant
Versus
Enforcement Officer, Employee Provident Funds Organization District Office, II Floor, Jawan's Bhavan Police Station Road, Sivakasi – Respondent

Advocate Appeared:
For the Appellant :N. Manoharan, R. Niresh Kumar, Advocates.
For the Respondent:K. Murali Sankar, Advocate.

ORDER :

(Common Prayer: Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the proceedings in C.C.Nos.77, 78, 81, 80, 79 and 82 of 2005 dated 05.06.2012 on the file of the learned Judicial Magistrate, Rajapalayam and quash the same.)

1. All the Criminal Original Petitions have been filed to quash the proceedings in C.C.Nos.77, 78, 81, 80, 79 and 82 of 2005, dated 05.06.2012 on the file of the learned Judicial Magistrate, Rajapalayam.

2. Heard Mr.N.Manoharan, for Mr.R.Niresh Kumar, learned counsel appearing for the petitioners and Mr.K.Murali Sankar, learned counsel appearing for the respondent.

3. The learned counsel appearing for the petitioners would vehemently contend that the respondent has initiated the criminal prosecution under Sections 14(A) and 14(1-A) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952(hereinafter referred to as “the Act”) for the alleged dues of the provident fund contribution for the period from October 2001 to March 2002. It is the specific contention of the learned counsel for the petitioners that they have leased out the mill to M/s.Sree Preethi Spinners under