M/S. Parveen Travels (P) Ltd v. The Additional Central Provident Fund Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI M/s.Parveen Travels (P) Ltd., AB Towers, No.148, Perambur Barracks Road, Purasawalkam, Chennai - 600 007, Rep. by its Managing Director, Mr.Afzal, S/o.Allah Baksh ... Petitioner Vs.
1.The Additional Central Provident Fund Commissioner, Chennai & Pondicherry Zone, Royapettah High Road, Chennai - 600 014.
2.Regional Provident Fund Commissioner -I, Employees' Provident Fund Organisation, Regional Office, Chennai (North), Royapettah High Road, Chennai - 600 017.
... Respondents Prayer : Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, seeking to extend the time in filing the appeal as per the order dated 02.04.2025 made in W.P.No.11621 of 2025. Page No.1 of 6
For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.K.Venkatesan Standing Counsel *****
ORDER
This Writ Miscellaneous Petition has been filed by the petitioner, seeking to extend the time in filing the appeal as per the order dated 02.04.2025 made in W.P.No.11621 of 2025.
2. This Court, vide order dated 02.04.2025, had granted permission to the petitioner to file appropriate appeal before the Tribunal u/s 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, within a period of four weeks from the date of receipt of a copy of the order and upon receipt of the appeal, the Tribunal was directed to consider the same on merits and pass appropriate orders in accordance with law within a period of eight weeks thereafter.
3. It is submitted by the learned counsel appeairng for the petitioner that upon the order being uploaded in the website of the Court, Page No.2 of 6
the respondents have started calculating the time period for filing the appeal to be reckoned from the date of the order being uploaded on the website, though this Court had clearly held that the period of four weeks would start from the time the order copy is received by the petitioner. Therefore, to safeguard the interests of the petitioner the present miscellaneous petition has been filed seeking extension of time to file the appeal.
4. A perusal of the order would reveal that this Court had granted four weeks time to file the appeal, which would start from the date on which the certified copy of the order is made ready and is received by the parties. Such being the case, the time for filing the appeal would not start ticking only on and from the date when the certified copy of the order is made ready and issued to the parties. It is evident from the records that as on date, the certified copy of the order is yet to be made ready and issued to the parties. The uploading of the copy in the website cannot be taken as the date from which the time starts for filing the appeal, as that is not the purport of the condition prescribed therein. Page No.3 of 6
5. In view of the fact that the certified copy of the order is yet to be made ready and issued to the parties, there is no need to grant extension of time as sought for by the petitioner, as the four weeks period provided in the order dated 02.04.2025 would start ticking only when the parties receive a certified copy of the said order.
6. Accordingly, this writ miscellaneous petition is closed by clarifying that the petitioner herein is entitled for a period of four weeks to file the appeal, which would start from the date when the certified copy of the order is made ready and is issued to the petitioner. 24.04.2025 Index : Yes / No Speaking order / Non-speaking order GLN/sp Page No.4 of 6
To 1.The Additional Central Provident Fund Commissioner, Chennai & Pondicherry Zone, Royapettah High Road, Chennai - 600 014.
2.The Regional Provident Fund Commissioner -I, Employees' Provident Fund Organisation, Regional Office, Chennai (North), Royapettah High Road, Chennai - 600 017.
Page No.5 of 6
M.DHANDAPANI, J.
sp 24.04.2025 Page No.6 of 6