The Regional Provident Fund Commissioner-Ii (C And R) v. The Management

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024

CORAM:

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE P.DHANABAL CMP No.7779 of 2024 in --- The Regional Provident Fund Commissioner-II(C&R) Employees' Provident Fund Organisation Regional Office, No.37, Royapettah High Road Chennai 600 014.

... Petitioner/Appellant .Vs.

1.The Management of Trident Facility Services Private Limited, NO.5, 1st Floor, 4th Street, Dr.Subburayan Nagar, Kodambakkam, Chennai 600 024 Rep.by its Director, Umesh Fernando.

2.The Presiding Officer Employees Provident Fund Appellate Tribunal New Delhi.

..Respondent 1/4

PRAYER in CMP No.7779 of 2024 :- Petitions filed to condone the delay of 229 days in filing the appeal in WA.SR.No.138136/2023. Prayer in : -Writ Appeal filed to set aside the order of the learned Judge passed in W.P.No.6966 of 2014 dated 02.01.2023. For Petitioner :

Mr.R.Vishnu For R1 :

Mr.S.Ranjith Kumar

O R D E R

(Judgment of the Court was made by J. NISHA BANU, J. ) The above CMP has been filed to condone the delay of 229 days in filing the Writ Appeal.

2. Writ Appeal SR has been filed to set aside the order dated 02.01.2023 made in WP.No.6966 of 2014 by this Court.

3. There is undoubtedly an inordinate delay in the filing of the Writ Appeal. There is a delay of more than 7 months in preferring the appeal. The petitioner/appellant has failed to show sufficient cause to condone 2/4

the enormous delay of 229 days in filing the Writ Appeal. On an overall view of the grounds taken in the Civil Miscellaneous Petition and submissions made by learned counsel for appellant, would make it clear that there is no error apparent on the face of the record warranting review of order dated 02.01.2023 made in WP.No.6966 of 2014. In such circumstances, application for condonation of delay is wholly misplaced and so We do not find any merit in the application for condonation of delay and as such, the same is dismissed. Consequently, Writ Appeal SR is rejected. No costs.

(J.N.B,J.) (P.D.B., J.) 05.04.2024 Index: Yes / No sk 3/4

J. NISHA BANU, J.

and P.DHANABAL,J.

sk To 1.Director, Umesh Fernando, The Management of Trident Facility Services Private Limited, NO.5, 1st Floor, 4th Street, Dr.Subburayan Nagar, Kodambakkam, Chennai 600 024.

2.The Presiding Officer Employees Provident Fund Appellate Tribunal New Delhi.

CMP(MD) No.7779 of 2024 in 05.04.2024 4/4