Madras High CourtWP(MD)/10917/2010disposed of

Tamil Nadu State Marketing v. The Regional Provident

2021-03-24Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.10917 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.10917 of 2010 and M.P.(MD)No.1 of 2010 Tamil Nadu State Marketing Corporation Ltd., Pudukkottai District, Rep. by its District Manager, Pudukkottai.

... Petitioner versus

1. The Regional Provident Fund Commissioner, P.B.No.588, Sree Complex, "D" Block, No.18, Madurai Road, Trichy - 620 008.

2. R.Ravi

3. Karuppasamy

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records of the 1st respondent dated 06.07.2010 in file No.B2/TN/TR/44176/SRO-TRY/2010-11 and quash the same. For Petitioner : Mr.H.Arumugam For Respondents : Mr.K.Muralisankar Standing Counsel for R1 No appearance for R2 and R3

ORDER

The petitioner challenges the impugned order dated 06.07.2010, passed by the first respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. As against the said order, an appeal remedy is available to the petitioner under Section 7(i) of the Act before the the Employees' Provident Fund Appellate Tribunal, which is now reconstituted as Central Government Industrial Tribunal, Shastri Bhavan, Chennai.

2. Accordingly, the writ petition is dismissed. The petitioner is at liberty to file an appeal under Section 7(i) of the Act before the Tribunal. The Tribunal shall exclude the period of pendency of this writ petition before this Court, while calculating the Limitation. The petitioner shall file an appeal before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10917 of 2010 Tribunal within a period of four weeks from the date of receipt of a copy of this order and on such appeal being filed within the said time, the Tribunal shall take up the case on file and dispose of the same, on merits and in accordance with law. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) +1 CC to M/s.K.MURALISANKAR, Advocate ( SR-13548[F] dated 25/03/2021 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-13712[F] dated 25/03/2021 ) W.P.(MD)No.10917 of 2010 24.03.2021 CN(05.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2