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Madras High CourtWMP/9001/2018dismissed

Mr.V.Bakthavachalam v. The Assistant Provident Fund

2018-06-14Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Fourteenth day of June Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE S.M.SUBRAMANIAM WMP.Nos.9001 & 9004 of 2018 in WP.Nos.7242 & 7243 of 2018 MR.V.BAKTHAVACHALAM [PETITIONER IN WMP.9001/18 IN WP.7242/18] MR.A.JAGADEESWARAN [PETITIONER IN WMP.9004/18] IN WP.7243/18] Vs THE ASSISTANT PROVIDENT FUND [RESPONDENTS IN BOTH THE COMMISSIONER (PENSION), EMPLOYEES PETITIONS] PROVIDENT FUND ORGANISATION, R-40A, TNHB COMPLEX, MOGAPPAIR EAST, CHENNAI-37.

Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (i)Pass an order of interim direction, directing the respondent to pay the pension by counting the service spent in two establishment B & C Mills, Binny Limited, Perambur and Empkee Engineers Pvt. Ltd, Ambatur Estate, Athipattu as a Qualifying Service forthwith, (in WMP.No.9001/2018)and (ii)Pass an order of interim direction, directing the respondent to pay the pension by counting the service spent in two establishment B&C Mills, Binny Limited, Perambur and Empkee Engineers Pvt., Ltd., Ambatur Estate, Athipattu as a Qualifying Serivce forthwith, (in WMP.No.9004/2018) pending disposal of the above WP.Nos.7242 & 7243/2018 respectively.

Order: These petitions coming on for orders upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.P.PARAMASIVA DOSS, Advocate for the petitioner in each the petitions and of M/S.J.SATHYANARAYANAPRASAD, Advocate for the respondents in both the petitions the court made the following order:-

The direction petitions are dismissed.

-sd/- 14/06/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), EMPLOYEES PROVIDENT FUND ORGANISATION, R-40A, TNHB COMPLEX, MOGAPPAIR EAST, CHENNAI-37.

C.C. to M/S.P.PARAMASIVA DOSS Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.Nos.9001 & 9004 of 2018 in WP.Nos.7242 & 7243 of 2018 Date :14/06/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(21/06/2018)