M/S.Bhavani Mills Ltd, v. The Presiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MS.JUSTICE P.T.ASHA W.A.NO.1679 OF 2011 M/s.The Bhavani Mills Ltd., 362, Pollachi Road, P.B.No.4403, Industrial Estate Post, Coimbatore - 641 021.

Rep.By its Managing Director ... Appellant/Petitioner -Vs1. The Presiding Officer, Employees Provident Fund Appellate Tribunal, New Delhi.

2. The Asst. PF Commissioner, Employees Provident Fund Organisation, Sub Regional Office, Bhavishyanidhi Bhavan, Post Box No.3875, Dr.Balasundaram Road, Coimbatore - 641 018.

3. The Recovery Officer, Employees Provident Fund Organisation, Sub Regional Office, Bhavishyanidhi Bhavan, Post Box No.3875, Dr.Balasundaram Road, Coimbatore - 641 018.

... Respondents/Respondents PRAYER:- Appeal filed under Clause 15 of the Letters Patent, against the order dated 21.06.2011 made in W.P.No.7564 of 2011.

Prayer in W.P.No.7564 of 2011:- Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for the records and quash the Common Order dated 22.04.2009, passed in A.T.A.63(13) of 2008, A.T.A.552(13) of 2008 and confirmed by order dated 11.08.2010, by the 1st respondent Employees Provident Fund Appellate Tribunal, New Delhi and consequently forbear the 2nd respondent The Asst. Provident Fund Commissioner, Employees Provident Fund Organisation, Sub-Regional Office, Dr.Balasundaram Road, Coimbatore - 641 018 from initiating any coercive proceedings for recovery of damages from the petitioner establishment pursuant to the aforesaid dated 11.08.2010. For Appellant ::

Mr.Manoharan Gupta For M/s.Gupta and Ravi For Respondents ::

Mrs.R.Meenakshi for R2 & R3 R1-Court

JUDGMENT

(Judgment of the Court was delivered by T.RAJA, J.) When the matter was taken up, Mr.Manoharan Gupta, learned counsel appearing for the appellant and Mrs.R.Meenakshi, learned counsel appearing for the respondents 2 & 3 jointly made a statement that nothing survives in the matter, since the amount of damages quantified by the Appellate Tribunal vide the orders impugned in the writ petition has been paid by the appellant and the orders have been duly complied with.

2. Recording their joint statement, this writ appeal is dismissed as infructuous. Consequently, M.P.No.1 of 2011 is also dismissed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ss

To

1. The Presiding Officer, Employees Provident Fund Appellate Tribunal, New Delhi.

2. The Asst. Provident Fund Commissioner, Employees Provident Fund Organisation, Sub Regional Office, Bhavishyanidhi Bhavan, Post Box No.3875, Dr.Balasundaram Road, Coimbatore - 641 018.

3. The Recovery Officer, Employees Provident Fund Organisation, Sub Regional Office, Bhavishyanidhi Bhavan, Post Box No.3875, Dr.Balasundaram Road, Coimbatore - 641 018.

+1cc to Mrs.R.Meenakshi, Advocate, S.R.No.32457 W.A.NO.1679 OF 2011 SKY(CO) PBS/24/08/2021