M/S.Thangachi Ammapatti v. The Presideing Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.529 of 2016 & W.M.P.(MD)Nos.437 of 2016 and 11645 of 2022 M/s.Thangachi Ammapatti Primary Agricultural Co-operative Credit Society, Thangachi Ammapatti, Oddanchatram, Dindigul District.

...Petitioner

vs.

1.The Presiding Officer, The Employees Provident Fund Appellate Tribunal, New Delhi.

2.The Regional Provident Fund Commissioner - II (C & R) Employees Provident Fund Organisation Regional Office, No.1, LDC Road, Chokkikulam, Madurai - 625 002.

3.The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, No.1, LDC Road, Chokkikulam.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records relating to the

award of the EPF Appellate Tribunal New Delhi in A.T.A.No.885 (13) 2014 dated 17.09.2014, in so far as deposit of a sum of Rs.1 lakh with the first respondent and consequent order of the second respondent in MD/MDU/RO/RECY/24671/2015 dated 22.12.2015 and quash the same. For Petitioner :

Mr.V.O.S.Kalaiselvam For Respondents :

Mr.K.Murali Sankar for R2 and R3 No appearance for R1

O R D E R

This Writ Petition has been filed to quash the conditional stay granted by the Employees Provident Fund Appellate Tribunal, New Delhi in A.T.A.No.885 (13) 2014 dated 17.09.2014 and the consequent order of the second respondent in MD/MDU/RO/RECY/24671/2015 dated 22.12.2015.

2. Though the petitioner has sought for a larger relief by challenging the conditional stay granted by the first respondent, the learned counsel appearing for the petitioner would submit that since the writ petition is pending from the year 2014, it would suffice, if this Court directs the Tribunal to dispose of the appeal in A.T.A.No.885 (13) 2014 in a time bound manner.

3. The learned counsel appearing for the respondents 2 and 3 would submit that if any order is passed by this Court fixing time limit for the disposal of the above said appeal, he has no objection to the same.

4. Considering the submissions on either side and the fact that the petitioner is restricting his relief to the extent of disposing of the appeal in a time bound manner, this Court directs the first respondent to dispose of the appeal in A.T.A.No.885 (13) 2014 within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 06.12.2024 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To The Presiding Officer, The Employees Provident Fund Appellate Tribunal, New Delhi.

KRISHNAN RAMASAMY , J.

mbi 06.12.2024