Madras High Court
B.Sundari vs The Assistant Provident Fund ... on 26 July, 2021
W.A.(MD)No.1449 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1449 of 2021
and
C.M.P.(MD) No.5942 of 2021
B.Sundari ... Appellant / Writ Petitioner
Vs.
The Assistant Provident Fund Commissioner,
E.P.F.Organisation,
Sub-Regional Office,
N.G.O. “B” Colony,
Tirunelveli District. ... Respondent / Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 29.03.2021 in W.P.(MD)No.14315 of 2011 on the file
of this Court.
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W.A.(MD)No.1449 of 2021
For Appellant : M/s.Porkodi Karnan
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mrs.Porkodi Karnan, learned Counsel appearing for
the Appellant/Writ Petitioner.
2.This writ appeal has been filed by the writ petitioner questioning the
order, dated 29.03.2021 passed in W.P.(MD) No. 14315 of 2011, by which the
order dated 07.12.2011, passed by the respondent, the Assistant Provident Fund
Commissioner, has been affirmed.
3.Admittedly, the appellant has got an alternate remedy under the Act
and without exhausting the same, the appellant has filed the writ petition.
4. In fact preliminary objection to the said effect has also been raised
by the respondent Organisation in the writ petition by filing a counter affidavit.
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W.A.(MD)No.1449 of 2021
5.The learned counsel for the appellant submitted that there are
factual errors committed, which led to the dismissal of the writ petition. If that
is so, it is all the more incumbent upon the appellant to approach the Appellate
Authority.
6.We are conscious of the fact that the writ petition was pending from
the year 2011. However, since the appellant states that there are factual errors
committed, they have got documents to establish the same.
7.We are of the view that the appellant can be granted liberty to file an
appeal before the Appellate Authority. If an appeal is filed as of now, it will be
barred by limitation. Therefore, while we are inclined to give liberty to the
appellant to file an appeal, we make an observation that the period during which
writ petition was pending till the receipt of the certified copy of this judgment
shall be excluded while computing limitation for filing an appeal.
8.Accordingly, the Writ Appeal stands disposed of, by granting liberty
to the appellant to file an appeal before the Appellate Authority under the Act,
questioning the correctness of the order, dated 07.12.2011 passed by the
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W.A.(MD)No.1449 of 2021
respondent. As observed earlier, the period during which the writ petition was
pending till the receipt of the certified copy of this judgment shall be excluded
while computing limitation by the Appellate Authority. No costs.
Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
26.07.2021
Index : Yes / No
Internet : Yes / No
RM
Note : 1. Issue order copy on 28.07.2021
2. In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1449 of 2021
To
The Assistant Provident Fund Commissioner,
E.P.F.Organisation,
Sub-Regional Office,
N.G.O. “B” Colony,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1449 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.1449 of 2021
26.07.2021
https://www.mhc.tn.gov.in/judis/
