Sutherland Global Services Pvt Ltd v. The Regional Provident Fund

ORDER The present Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records of the Central Government Industrial Tribunal-cum-Labour Court, Chennai in EPF Appeal No.71 of 2024 and to quash the interim order dated 17.09.2025 and the consequential dismissal order dated 31.10.2025 and consequently, to direct the Tribunal to entertain, hear and decide the appeal on merits.

¶2The learned counsel for the petitioner submitted that, as against the order passed under Section 7B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the petitioner preferred an appeal before the Central Government Industrial Tribunal-cum-Labour Court, Chennai, in E.P.F.Appeal No.71 of 2024. The appellate authority, by interim order dated

17.09.2025, granted stay subject to the condition that the petitioner shall deposit 25% of the assessed amount, within a period of four (4) weeks. However, the Page2 of 6 petitioner has failed to comply with the said condition within the stipulated time. Thereafter, the petitioner filed a petition seeking extension of time, which came to be dismissed. Aggrieved by the same, the present Writ Petition has been filed.

¶3The learned counsel for the petitioner further submitted that this Court may grant the petitioner a period of four (4) weeks from the date of receipt of a copy of this order to deposit the conditional amount imposed by the appellate authority. Upon such deposit, the appellate Tribunal may be directed to dispose of the appeal on merits and in accordance with law.

¶4Per contra, the learned counsel for the respondents submitted that sufficient time of four weeks had already been granted to the petitioner to comply with the condition. However, the petitioner failed to deposit the amount within the stipulated time and therefore, the impugned orders need not be interfered with.

¶5Heard the learned counsel for the petitioner as well as the learned counsel for the respondent and perused the materials placed before this Court. Page3 of 6

¶6The facts in the case are not in dispute. As against the original authority directing remittance of EPF contribution, the petitioner preferred an appeal before the appellate authority, which entertained the appeal and granted interim subject to deposit of 25% of the assessed amount within a period of four

(4) weeks. Admittedly, the petitioner failed to comply with the said condition within the prescribed time, and the petition seeking extension was also dismissed.

¶7However, considering the fact and circumstances of the case, this Court is of the view that granting one more opportunity to the petitioner would not prejudice the respondents. Accordingly, the petitioner is granted a further period of four (4) weeks from the date of receipt of a copy of this order to deposit the conditional amount as directed by the appellate authority in E.P.F.A.No.71 of 2024.

¶8In the event of failure to deposit the said amount within the extended period, it is open to the respondents to proceed in accordance with law. Until such time, the respondents shall not take any coercive steps against the petitioner. Page4 of 6

¶9The Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 18-03-2026 Index: Yes/No Speaking/Non-speaking order Asi To

¶1The Regional Provident Fund Commissioner -II (C AND R) Employees Provident Fund Organisation Regional Office - Tambaram 3 Rajaji Salai, Chennai 600045.

¶2M/s.Sree Dhanalakshmi Travels 1/151 Anjaneyar Temple Street Bethel Nagar, Vengaivasal Chennai 600073. Page5 of 6 WPoNo.o10594oofo2026 M.oDHANDAPANI,oJ. Asi W.P.oNo.o10594oofo2026 andoW.M.P.No.11482oofo2026 18-03-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI W.P. No. 10594 of 2026 and W.M.P.No.11482 of 2026 Sutherland Global Services Pvt Ltd Gateway office Parks, 2nd Floor Building B2, No.16, GST Road, Perungalathur, Chennai 600063. Rep by its Managing - HRD / Authorised Signatory ..Petitioner(s) Vs 1. The Regional Provident Fund Commissioner -II (C AND R) Employees Provident Fund Organisation Regional Office - Tambaram 3 Rajaji Salai, Chennai 600045. 2. Sree Dhanalakshmi Travels 1/151 Anjaneyar Temple Street Bethel Nagar, Vengaivasal. Chennai 600073. ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records of the Central Government Industrial Tribunal-cum-Labour Court, Chennai in EPF Appeal No.71 of 2024 and quash its order dated 17.09.2025 and Page1 of 6 the consequential order of dismissal dated 31.10.2025 and further direct the Tribunal to hear, entertain and decide the Appeal. For Petitioner(s): Mr. J. Jayashankar for M/s. T.S. Gopalan and Co., For Respondent(s): Mr. R. Thirunavukkarasu