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Madras High CourtWP/16558/2017withdrawn dismissed

St.Thomas Mount Cum Pallavaram v. The Assistant Provident Fund

2018-11-19Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.16558 of 2017 and WMP.No.17921 of 2017 St.Thomas Mount cum Pallavaram Cantonment Board Rep. by the Chief Executive Officer St.Thomas Mount Chennai-600 016.

..Petitioner Vs

1. The Assistant Provident Fund Commissioner (C&R) Employees' Provident Fund Organization Regional Office - Tambaram No.3, Rajaji Salai, Chennai-600 045.

2. The Recovery Officer Employees' Provident Fund Organization Regional Office - Tambaram No.3, Rajaji Salai, Chennai-600 045.

3. The Presiding Officer & Head of Department of the Central Government Industrial Tribunal -cum-Labour Court, 1st Floor, B-Wing No.26, Haddows Road, Shastri Bhawan, Chennai-600 006.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 2nd respondent from taking any coercive action in pursuant to the order passed by the 1st respondent vide their letter No.TB/TAM/RO/63799/Div-II/PDC/2017 dated 18.04.2017 under Section 14B and 7Q of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter called the EPF Act) until the appeal and the stay petition preferred by the petitioner under Section 7-I of the EPF Act are taken on record by the 3rd respondent.

For Petitioner :

Mr.C.Mohan For Respondents:

Mr.K.Ramu for R1 & R3

O R D E R

This writ petition is filed seeking for issuance of a mandamus, forbearing the 2nd respondent from taking any

coercive action in pursuant to the order passed by the 1st respondent vide their letter No.TB/TAM/RO/63799/DivII/PDC/2017 dated 18.04.2017 under Sections 14B and 7Q of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter called the EPF Act) until the appeal and the stay petition preferred by the petitioner under Section 7-I of the EPF Act are taken on record by the 3rd respondent.

2. The learned counsel for the petitioner circulated a letter to Registry on 15.11.2018, stating as follows: "In the subject writ petition, we represent the petitioner. The writ petition was filed pertaining to the proceedings of the respondents 1 & 2 vide their order dated 18.04.2017 made in Letter No.TB/TAM/RO/63799/Div-II/PDC/2017.

The writ petition was filed primarily on the ground that there was no Tribunal for PF cases to hear the statutory appeal on the date of such filing of the writ petition. Accordingly, the writ petition came to be heard and vide interim order dated 30.06.2017, interim stay was granted.

Thereafter upon constituting of the Tribunal before the Central Government Industrial Tribunal Cum Labour Court, Chennai, regular appeal was filed under Section 7-I was preferred before the 3rd respondent and matter heard and stay obtained on 18.07.2017. The said appeal in E.P.F.A.No.8 of 2017 was still pending, interim orders extended during the hearing on 13.11.2018. The petitioner will pursue the statutory appeal filed in E.P.F.A.No.8 of 2017 before the 3rd respondent in the manner known to law. Accordingly, the subject writ petition shall be listed for recording this letter and withdrawal. Kindly, post the matter suitably."

3. Today, this writ petition is listed under the caption "for withdrawal."

4. It is represented by both sides, that the Presiding Officer/3rd respondent has already been appointed and that the petitioner will pursue the appeal before the 3rd respondent.

Granting such liberty, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To

1. The Assistant Provident Fund Commissioner (C&R) Employees' Provident Fund Organization Regional Office - Tambaram No.3, Rajaji Salai, Chennai-600 045.

2. The Recovery Officer Employees' Provident Fund Organization Regional Office - Tambaram No.3, Rajaji Salai, Chennai-600 045.

3. The Presiding Officer & Head of Department of the Central Government Industrial Tribunal -cum-Labour Court, 1st Floor, B-Wing No.26, Haddows Road, Shastri Bhawan, Chennai-600 006.

+2cc to M/s.King & Partridge, Advocate SR.NO.78542 sm:20.11.2018 W.P.No.16558 of 2017