The Director v. The Regional Provident Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.A.(MD)Nos.1166 and 1167 of 2011 and MP(MD)Nos.1 and 2 of 2011 The Director, Central Electrochemical Research Institute, Karaikudi - 630 006.

.. Appellant in both WAs.

Vs.

The Regional Provident Fund Commissioner, Employees' Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

The Recovery Officer, Employees' Provident Fund Organization, Lady Doak College Road, Chokkikulam, Madurai - 625 002.

.. Respondents in both WAs.

M/s.Alagappapuram Labour Contract Cooperative Society, Karaikudi.

.. Respondent in WA(MD)No.1166/2011 M/s.Fast Security Services, 31, Senthamil Nagar, Kailasanathapuram, Devekottai - 630 302 .

.. Respondent in WA(MD)No.1167/2011 Writ Appeals filed under Clause 15 of Letters Patent Act against the orders passed in WP(MD)Nos.8498 and 8499 of 2011 dated 14.10.2011 by the Hon'ble Mr.Justice K.Chandru. Prayer in WP(MD). 8498/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI, to call for the records of the 1st Respondent by his proceedings in TN/MDU/29556 & 42005/Enf.Circle 14/2011 dated 22-072011 and quash the same. Prayer in WP(MD). 8499/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI, to call for the records of the 1st Respondent by his https://hcservices.ecourts.gov.in/hcservices/

proceedings in TN/MDU/29556 & 42005/Enf.Circle 14/2011 dated 22-072011 and quash the same. For Appellant : Mr.K.P.S.Palanivelrajan in both writ appeals.

For R1 and R2 : Mr.V.S.Venkateswaran in both writ appeals.

COMMON JUDGMENT [Judgment of the Court was delivered by K.K.SASIDHARAN, J.] The learned counsel appearing for the appellant made an endorsement indicating that he is withdrawing the writ appeals with liberty to file a statutory appeal before the appropriate authority. 2.In view of the endorsement so made, the Writ Appeals are dismissed as withdrawn with such liberty.

3.We make it clear that in case an appeal is filed before the competent authority within a period of four weeks from the date of receipt of a copy of this judgment, the same shall be entertained by the said authority, notwithstanding the delay in view of the fact that the appellant has been prosecuting the writ petitions and the writ appeals after passing the impugned order. 4.We also direct the appellate authority to take earnest efforts for disposal of the appeal at an early date in view of the fact that the matter has been pending since 2011. No costs. Consequently MP(MD)Nos.1 and 2 of 2011 are closed. Sd/- Assistant Registrar(AD-I) /True Copy/ To Sub Assistant Registrar(CS-I) The Director, Central Electrochemical Research Institute, Karaikudi - 630 006.

Copy To:

The Section Officer, ER Section(Records) Madurai Bench of Madras High Court, Madurai. (to return the impugned order in original to the appellant after substituting a copy) • 1 CC TO Mr.K.P.S.Palanivelrajan, ADVOCATE IN SR No.99048. • MJ • DS RSK SAR1 12 12 2018 2P 4C https://hcservices.ecourts.gov.in/hcservices/ W.A.(MD)Nos.1166 and 1167 of 2011 05.12.2018