The Regional Provident Fund ... vs Ti Metal Forming
2021 Latest Caselaw 10917 Mad

                                                                           W.A.No.2690 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 28.04.2021

                                                       CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                 W.A.No.2690 of 2018


                     The Regional Provident Fund Commissioner II,
                     Employees' Provident Fund Organization,
                     Sub Regional Office, Ambattur,
                     R-40 A-1, TNHB Shopping Cum Office,
                     Mugappair Road,
                     Mugappair East, Chennai 600 037.                             .. Appellant

                                                          Vs

                     1.TI Metal Forming
                       Chennai- Thiruvallur High Road,
                       Thiruninravur - 602 024,
                       Rep. by its Head-HR/Authorised Signatory,
                       Mr.V.Natarajan

                     2.The Branch Manager,
                       HSBC Bank Ltd.,
                       Mylapore Branch,
                       Chennai 600 004.                                       .. Respondents


                               Appeal filed under Clause 15 of the Letters Patent against the

                     order dated 06.09.2013 made in W.P.No.25341 of 2013.




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                              W.A.No.2690 of 2018

                               For Appellant          :     Mr.J.Sathyanarayana Prasad

                               For Respondents        :     Mr.Anand
                                                            for Mr.T.S.Gopalan & Co.,
                                                            for R1

                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This writ appeal is directed against the order dated 06.09.2013

passed in W.P.No.25341 of 2013.

2.Learned single Judge passed an order on the premise that

before expiry of the statutory period provided for the appeal, the

consequential action of attachment has been passed.

3.Now, the first respondent has filed an appeal, which is pending

before the Central Government Industrial Tribunal, Chennai in Appeal

No.215 of 2017 and posted for hearing on 11.06.2021.

4.Inasmuch as the order of attachment under challenge before

the learned single Judge itself being prior to the appeal and the

learned single Judge interfered only on the premise that there is a

statutory violation, as restraint action was taken during the pendency

https://www.mhc.tn.gov.in/judis/ W.A.No.2690 of 2018

of the period of limitation provided for filing of appeal, nothing survives

for adjudication. However, taking into consideration the pendency of

the appeal in Appeal No.215 of 2017, the Central Government

Industrial Tribunal is expected to conclude it within a period of six

months from the date of receipt of a copy of this judgment.

5.With the above observation, the writ appeal stands disposed

of. No costs.

                                                               (M.M.S., J.)    (R.N.M., J.)
                                                                       28.04.2021
                     Index:Yes/No
                     mmi

                     To

The Central Government Industrial Tribunal, Chennai.

https://www.mhc.tn.gov.in/judis/ W.A.No.2690 of 2018

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.2690 of 2018

28.04.2021

https://www.mhc.tn.gov.in/judis/