← Library
Madras High CourtWP/10816/2018disposed of

M/S.Belvidere Estate, v. The Assistant Provident Fund

2018-04-26Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 10816 of 2018 and W.M.P.No. 12756 of 2018 M/s.Belvidere Estate Thangam Coffee Curing Works Yercaud Main Road Chinnakollapatty, Salem-636 008 Rep by its Proprietor Mr.P.Ramesh Rajah ... Petitioner Vs 1.The Assistant Provident Fund Commissioner Employees Provident Fund Organization Sub-Regional Officer, S.J.Plaza Swarnapuri, Salem - 636 004.

2.The Presiding Officer Central Government Industrial Tribunal Cum Labour Court Shastri Bhavan, Chenani - 600 006.

... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, forbearing the 1st respondent from proceeding any further in terms of its order dated 06.04.2018 in proceedings No.TN.SRO/SLM/COMP1/12009/S5/2018 passed under Section 7A of EPF Act, till such time the Appeal filed by the petitioner is taken up for hearing by the 2nd respondent.

For Petitioner : Mr.G.Anand for M/s.T.S.Gopalan & Co.

O R D E R

The relief sought for in this writ petition is to forbear the first respondent from proceeding any further in terms of its order dated 06.04.2018 in proceedings No.TN.SRO/SLM/COMP1/12009/S5/2018 passed under Section 7A of EPF Act, till such time the Appeal filed by the petitioner is taken up for hearing by the 2nd respondent.

https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel appearing on behalf of the writ petitioner states that the Central Government Industrial Tribunal cum Labour Court is not functioning as of now for want of Presiding Officer. The Presiding Officer is yet to be appointed. Thus, they are unable to conduct the cases before the Tribunal. During this interregnum period the respondents are taking some coercive action against the writ petitioner. 3.In view of the fact 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. 5.Accordingly, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. However, there is no order as to costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar maya To 1.The Assistant Provident Fund Commissioner Employees Provident Fund Organization Sub-Regional Officer, S.J.Plaza Swarnapuri, Salem - 636 004.

2.The Presiding Officer Central Government Industrial Tribunal Cum Labour Court Shastri Bhavan, Chenani - 600 006.

+1cc to M/S.T.S.Gopalan & Co, Advocate Sr.31172 W.P.No. 10816 of 2018 pvs[co] srg 05/06/2018 https://hcservices.ecourts.gov.in/hcservices/