Partly allowed

M/s.Leitwind Shriram Manufacturing v. Central Government Industrial

Madras HC17 Mar 2021WP/6695/2021

Case brief

AI extract

What is this about?

A writ petition seeking acceptance of a demand draft deposited by the petitioner after the original deadline to satisfy a tribunal's stay condition. The court directed immediate deposit within a week and directed the tribunal to dispose of the appeal within three months.

What did the court decide?

Direction to deposit the demand draft within one week; direction to the Tribunal to dispose of the appeal within three months.

M/s.Leitwind Shriram Manufacturing Vs Central… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.03.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

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WP NO.6695 OF 2021

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M/s.Leitwind Shriram Manufacturing Private Limited

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Rep. by its Senior Vice President – Hr & Admin D-17, SIPCOT Industrial Estate, Gummidipoondi, Chennai – 601 201. .. Petitioner

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Versus

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1.Central Government Industrial Tribunal cum Labour Court Rep. by its Presiding Officer Shastri Bhavan No.26, Haddows Road, Nungambakkam, Chennai – 600 006.

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2.Employees Provident Fund Organization Rep. by its Assistant Provident Fund Commissioner Regional Office, Ambattur, R40, A-1, TNHB Shopping cum Office Complex, Mogappair Road, Mogappair East, Chennai – 600 037. .. Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to extent the time limit fixed in the order dated 11.03.2020 in E.P.F.A.No.14 of 2020 to deposit Rs.20 Lakhs and consequently direct the 2^nd respondent to receive the demand draft dated 22.01.2021 drawn on Central Bank of India, Addison Buildings, Chennai, beraing No.376597 for Rs.20 Lakhs in compliance of the condition imposed in the order dated 11.03.2020 in E.P.F.A.No.14 of 2020.

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For Petitioner : Ms.R.Kamatchi Sundaresan For Respondent-2 : Mr.J.Sathya Narayana Prasad

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O R D E R

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The Central Government Industrial Tribunal – cum –

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Labour Court, Chennai, has directed the petitioner to deposit a sum of Rs.20 Lakhs as a pre-condition for entertaining the appeal in E.P.F.A.No.14 of 2020 and granted stay on 11.03.2020. The petitioner was directed to make the payment on or before 30.04.2020.

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https://hcservices.ecourts.gov.in/hcservices/

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2.According to the petitioner, the order of the Tribunal could not be complied with because of the lock down promulgated by the Central and State Governments due to COVID–19 pandemic situation. He filed a petition for grant of extension of time. However, the matter cannot be taken up for want of Presiding Officer. Therefore, the petitioner approaches this Court for extension of time to deposit the money. A copy of the demand draft bearing No.376597 dated 22.01.2021 drawn on Central Bank of India, in favour of the Regional Provident Fund Commissioner Ambattur, for a sum of Rs.20 Lakhs is enclosed in the typed-set of papers.

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3.Mr.J.Sathya Narayana Prasad, learned counsel appearing for the second respondent has taken note of the submission made on behalf of the petitioner.

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4.Considering the limited prayer, the petitioner is directed to deposit the demand draft within a period of one week from today. Further, a direction is given to the first respondent Central Government Industrial Tribunal cum Labour Court, Chennai, to dispose of the appeal in E.P.F.A.No.14 of 2020, within a period of three months from the date of the order copy.

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5.The Writ Petition is disposed of accordingly. No costs. Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Presiding Officer Central Government Industrial Tribunal cum Labour Court Shastri Bhavan No.26, Haddows Road, Nungambakkam, Chennai – 600 006.

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2.The Assistant Provident Fund Commissioner Employees Provident Fund Organization Regional Office, Ambattur, R40, A-1, TNHB Shopping cum Office Complex, Mogappair Road, Mogappair East, Chennai – 600 037.

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AKM/18.03.21/2P-3C/

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WP NO.6695 OF 2021 17.03.2021

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Leitwind Shriram Manufacturing v. Central Government Industrial

Case brief

What is this about?

What did the court decide?

M/s.Leitwind Shriram Manufacturing v. Central Government Industrial

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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