M/S.Magus Customer Dialog v. The Assistant Provident Fund

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.NO.20402 of 2018 M/s.Magus Customer Dialog Pvt Ltd New No.372, Old No.231, T.T.K.Road Ratna Building, 3rd and 4th Floor Alwarpet, Chennai - 600 018.

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Petitioner Vs The Assistant Provident Fund Commissioner Employees' Provident Fund Organization Regional Office, 37, Royapettah High Road Chennai-600 014.

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Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent from proceeding any further in terms of its order dated 24.07.2018 in proceedings No.TN/26047/D17/MAS/PDC/2018 passed under Section 14B of the EPF Act till such time the appeal filed by the petitioner before the Central Government Industrial Tribunal cum Labour Court, Shastri Bhavan, Chennai - 600 006 is taken up for hearing.

` For Petitioner :

Mr.Anand Gopalan For Respondents:

Mr.V.Sundareswaran Standing Counsel for EPFO

O R D E R

The petitioner herein has filed the writ petition seeking direction to the respondent not to proceed with further proceedings till the Presiding Officer is appointed in the Central Government Industrial Tribunal cum Labour Court.

2. It is stated that the Central Government Industrial Tribunal cum Labour Court is not functioning as of now for want of Presiding Officer. It is not disputed that the Presiding Officer is yet to be appointed. On account of the non appointment, the petitioners are not able to prosecute the case before the tribunal. During the interregnum period the https://hcservices.ecourts.gov.in/hcservices/

respondents are taking some coercive action against the writ petitioner, which is sought to be restrained by filing this writ petition.

3. As it is admitted that the Presiding Officer is yet to be appointed in the Central Government Industrial Tribunal cum Labour Court, this Court is inclined to consider the relief as such sought for in this writ petition.

4. Thus, the respondents are directed not to initiate any coercive action till the Presiding Officer is appointed in the Central Government Industrial Tribunal cum Labour Court and the stay petition is taken up for enquiry. Accordingly, this writ petition stands disposed of.

Consequently, connect miscellanaeous petition W.M.P.No.23987 of 2018 is closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kst To 1.The Assistant Provident Fund Commissioner Employees' Provident Fund Organization Regional Office, 37, Royapettah High Road Chennai-600 014.

2.The Central Government Industrial Tribunalcum Labour Court, Chennai.

+1cc to M/S.T.S.Gopalan & Co, Advocate Sr.55004 W.P.No.20402 of 2018 br[co] srg 6/9/2018 https://hcservices.ecourts.gov.in/hcservices/