M/S. Jj College Of Engg. Technology v. The Regional Provident Fund Commissioner, I

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).No.13415 of 2022 M/s.JJ College of Engg. Technology, Poolankulathupatti, Trichy - 620 009, through its Chairman.

... Petitioner Vs.

The Regional Provident Fund Commissioner - I Employees' Provident Fund Organization, Regional Office, No.18, Sri Complex, Madurai Road, Trichy - 625 008 ... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records from the file of the CGIT cum Labour Court, Chennai, herein EPFA No.28/2022 and to quash the Interim Order, dated 08.06.2022 and also direct the respondent not to take Coercive steps when an appeal had been admitted by the Appellate Tribunal. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.I.Pinaygash, Standing Counsel 1/4

O R D E R

The petitioner is aggrieved against the conditional order of stay granted by the Tribunal, dated 08.06.2022, whereby, the College was required to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) on or before 11.07.2022. The impugned order also states that in case, the amount of Rs.5,00,000/- (Rupees Five Lakhs only) is not deposited, on or before 11.07.2022, the interim order of stay shall be vacated automatically. Admittedly, the petitioner herein has not paid the conditional amount of Rs.5,00,000/- (Rupees Five Lakhs only) on or before 11.07.2022 as ordered by the Tribunal in the impugned order. Consequently, the interim order as per the order of the Tribunal stands vacated after 11.07.2022. 2.The writ petition has been filed before this Court on 10.08.2022, when the order of interim stay was not in existence and as such, no effective order can be passed in the present writ petition, when the stay order itself was deemed to have been vacated.

2/4

3.Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 16.08.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM 3/4

M.S.RAMESH,J.

TM 16.08.2022 4/4