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Madras High CourtWMP/577/2019ordered

Regional Pf Commissioner - I (Pension) v. D.Selvaraj

2019-01-11Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Eleventh day of January Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE D. KRISHNAKUMAR WMP No.577 of 2019 IN WP.NO.30684 OF 2018 1 REGIONAL PF COMMISSIONER - I [ PETITIONERS ] (PENSION), OFFICE OF THE EMPLOYEES PROVIDENT FUND ORGANISATION(EPFO), BHAVISHYA NIDHI BHAWAN NO.14, BHIKANJI CAMA PALACE, NEW DELHI-110 066 2 THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEE S PF ORGANIZATION, DR. BALASUNDARAM ROAD, COIMBATORE-641 018 3 THE ADDITIONAL CENTRAL PROVI DENT FUND COMMISSIONER, EMPLOYEES PF ORGANIZATION, DR.BALASUNDARAM ROAD, COIMBATORE-641 018 4 THE ASSISTANT PROVIDENT FUND COMMISSIONER(PENSION), EMPLOYEE S PF ORGANIZATION, DR.BALASUNDARAM ROAD, COIMBATORE-641 018 5 THE ASSISTANT PROVIDENT FUND COMMISSIONER(ACCOUNTS), EMPLOYEE S PF ORGANIZATION, DR.

BALASUNDARAM ROAD, COIMBATORE-641 018 Vs 1 D.SELVARAJ [ RESPONDENTS ] S/O.C.DURAISAMY, NO.36/1, K.G.NAGAR, 1ST STREET, VARADHARAJAPURAM, UPPILIPALAYAM POST, COIMBATORE-641 015 2 UNION OF INDIA REP.

3 LAKSHMI MACHINE WORKS LTD., REP. BY MANAGING DIRECTOR HAVING THE REGISTERED OFFICE AT PERIYANAICKEN PALAYAM, COIMBATORE-641 020 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to To modify the order dated 20.12.2018 passed in WMP No.39799 of 2018 in WP No.30684 of 2018 and thereby direct the respondent not to withdraw the sum of Rs.99,080/- remitted by the petitioner till the (IN WMP.NO.577 OF 2019) disposal of the writ petition No.30684 of 2018.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.THIRUNAVUKARASU, Advocate for the petitioner and of MRS.VEDAVALIKUMAR, ADVOCATE on behalf of the Respondents the court made the following order:- According to the learned Senior Counsel appearing for the petitioner, the Petitioner/Employees Provident Fund Organization herein has been complied with the modification order already passed by this Court, dated 20.12.2018.

2.According to the learned counsel for the respondent, the order passed by this Court, dated 20.12.2018 has been complied and the said fact has also not been disputed by the petitioner/respondent.

3.The learned counsel for the respondent would submit that the petitioner may not be permitted to withdraw the deposit amount of Rs.99,080/- made on 01.12.2018, pending disposal of the writ petition.

4.By considering the aforesaid submission, the respondent shall file a counter affidavit and the same shall be served on the petitioner. Post the matter on 15.02.2019 for final disposal. In the meanwhile, the amount deposited by the respondent of Rs.99,080/- shall not be permitted to be withdrawn by the writ petitioner/respondent.

-sd/- 11/01/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY OF GOVT OF INDIA, UNION OF INDIA MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI-110 001 2 LAKSHMI MACHINE WORKS LTD., MANAGING DIRECTOR HAVING THE REGISTERED OFFICE AT PERIYANAICKEN PALAYAM, COIMBATORE-641 020 C.C. to M/S.R.THIRUNAVUKARASU Advocate sr.no.653 Order in WMP.577/2019 IN WP.NO.30684 OF 2018 Date :11/01/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (01/02/2019)