M/S.Naihaa Retail Pvt Ltd v. The Assistant Provident Fund Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.NO.29102 of 2018 M/s.Naihaa Retail Private Limited Rep.by its Managing Director Mr.R.Arvind Ramas Aalayam New No.31, Rajabather Street T.Nagar, Chennai - 600 017.
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Petitioner Vs The Assistant Provident Fund Commissioner Employees' Provident Fund Organization Regional Office, 37, Royapettah High Road Chennai-600 014.
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Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent their men, officers, Agents, Servants, Representative or any one claiming through or under them or any other person from proceeding any further in terms of its 14B and 7Q order dated 13.06.2017 in Proceedings No.TN/5784/D25/MAS/TDC/2017 till disposal of appeal filed by the petitioner on the file of the Central Industrial Tribunal cum Labour Court, Appellate authority under the EPF Act, Chennai. ` For Petitioner :
Mr.S.Ezhil Raj For Respondents :
Mr.V.Sundareswaran Standing Counsel for EPFO
O R D E R
The petitioner herein has filed the writ petition seeking direction to the respondent not to to take coercive proceedings till the Presiding Officer is appointed in the Central Government Industrial Tribunal cum Labour Court.
2. It is stated that the Central Government Industrial Tribunal cum Labour Court is not functioning as of now for want of Presiding Officer. It is not disputed that the Presiding Officer is yet to be appointed. On account of the non appointment, the petitioners are not able to prosecute the case before the tribunal. During the interregnum period the respondents are taking some coercive action against the writ https://hcservices.ecourts.gov.in/hcservices/
petitioner, which is sought to be restrained by filing this writ petition.
3. As it is admitted that the Presiding Officer is yet to be appointed in the Central Government Industrial Tribunal cum Labour Court, this Court is inclined to consider the relief as such sought for in this writ petition.
4. Thus, the respondents are directed not to initiate any coercive action till the Presiding Officer is appointed in the Central Government Industrial Tribunal cum Labour Court and the stay petition is taken up for enquiry. Accordingly, this writ petition stands disposed of. No costs.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar kst To The Assistant Provident Fund Commissioner Employees' Provident Fund Organization Regional Office, 37, Royapettah High Road Chennai-600 014.
+1 CC to Mr.S. Ezhil Raj, Advocate sr 75940.
W.P.No.29102 of 2018 KAN(CO) SP(02/11/2018) https://hcservices.ecourts.gov.in/hcservices/