South Indian Export Co. P Ltd v. The Regional Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.32519 and 32520 of 2016 South Indian Export Co.P.Ltd., Represented by its Ex.Managing Director, Vikaram Jesudasan, F.1 2nd Floor, Kerthana Apartments, 70/34/II Main Road, Raja Annamalaipuram, Chennai - 600 028.

... Petitioner in both W.Ps Vs.

1. The Regional Director, Employees' State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

2. The Recovery Officer, Employees' State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

3. The Principal Labour Court, Employees Insurance Court, Chennai - 600 104.

... Respondents in both W.Ps

COMMON PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records pertaining to the order in I.A.No.260 of 2015 in E.I.O.P.SR.No.3741 of 2012 and I.A.No.261 of 2015 in E.I.O.P.SR.No.3744 of 2012 passed by the Employees' Insurance Court (Principal Labour Court), Chennai dated 17.02.2016 and thereby condoning the delay and restore E.I.O.P.SR.No.3741 of 2012 and E.I.O.P.SR.No.3744 of 2012 and quash the same.

For Petitioner in both W.Ps :

Mr.J.D.Srikanth Varma For Respondents in both W.Ps :

Mr.K.Prabakar for R1 and R2 C O M M O N O R D E R The Writ Petitions challenge the order passed in an interim application in I.A.No.260 of 2015 in E.I.O.P.SR.No.3741 of 2012 and I.A.No.261 of 2015 in E.I.O.P.SR.No.3744 of 2012 by the third respondent dated 17.02.2016, wherein the request for condoning the delay of 968 days in representation was rejected.

2. Today when the matters are taken up for hearing, the learned counsel appearing for the petitioner submits that, during the pendency of the

Writ Petitions, the petitioner Company has paid the entire ESI Contribution and hence no further orders are required to be passed in these Writ Petitions.

3. Recording the same, these Writ Petitions are dismissed as infructuous. No costs.

19.07.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Regional Director, Employees' State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

2. The Recovery Officer, Employees' State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai - 600 034.

3. The Principal Labour Court, Employees Insurance Court, Chennai - 600 104.

M.DHANDAPANI, J.

vji W.P.Nos.32519 and 32520 of 2016 19.07.2023