Stepsstone Promoters Private Limited v. The Regional Provident Fund Commissioner Ii

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Ninth day of June Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE D.KRISHNAKUMAR WMP.No.12790 of 2022 IN WP.No.6726 of 2022 M/S.STEPSSTONE PROMOTERS PRIVATE LIMITED, [PETITIONER] REPRESENTED BY ITS MANAGING DIRECTOR, MR.K.MOTHISH KUMAR, M/39, NO. 1/1, 1ST FLOOR, SAKTHI NAGAR 2ND STREET, CHOOLAIMEDU, CHENNAI - 600094.

Vs THE REGIONAL PROVIDENT FUND [RESPONDENT] COMMISSIONER II, EPF ORGANIZATION, REGIONAL OFFICE, NO. 37, ROYAPETTAH HIGH ROAD, CHENNAI - 600014.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Modify the Interim Order passed on 24.03.2022 in WMP.No.6812 of 2022 in WP.No. 6726 of 2022 and reduce the deposit amount to Rs.5,00,000/- (Rupees Five Lakhs only) to comply with the direction of this Hon'ble Court (IN WMP.No.12790 of 2022) Order : This petition and miscellaneous petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.JAYASUDHA, Advocate for the Petitioner and of MR.T.R.SUNDARAM, STANDING COUNSEL for Respondent (EPF), the court made the following order:- It is brought to the notice of this court that there is no mechanism for accepting the conditional order passed by this court for depositing a sum of Rs.20,00,000/- to the credit of EPFA No. 53 of 2020 before the Central Government Industrial Tribunal cum Labour Court, Chennai. Therefore, he seeks modification of the order.

2. In view of the submissions made by the parties, this court is inclined to modify paragraph 4 of the order in W.M.P.No.6812 of 2022 as follows:

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'Without prejudice to the rights of the parties concerned, there shall be an order of interim stay of the operation of the order dated 24.01.2022 in EPFA No. 53 of 2020, on the file of the Central Government Industrial Tribunal cum Labour Court, Chennai, subject to the condition that the petitioner shall pay a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) to the respondent within a period of six weeks from the date of receipt of a copy of this order, failing which, the interim order granted by this court shall stand automatically vacated, without reference to this court'.

3. With the above modification, the miscellaneous petition stands disposed of.

-sd/- 09/06/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE REGIONAL PROVIDENT FUND COMMISSIONER II, EPF ORGANIZATION, REGIONAL OFFICE, NO. 37, ROYAPETTAH HIGH ROAD, CHENNAI - 600014.

COPY TO THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, CHENNAI.

C.C. to M/S.K.JAYASUDHA, Advocate SR.NO.4403/2022. C.C. to M/S.T.R.SUNDARAM, Advocate SR.NO.4392/2022. Order in WMP.No.12790 of 2022 IN WP.No.6726 of 2022 Date :09/06/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(16/06/2022) https://hcservices.ecourts.gov.in/hcservices/