Advocates:
['M/S H M FAROOQ', '', 'SONAL JAIN', 'M/S N DILIP KUMAR', '', 'RECEIVED PVT NOTICE', 'M PALANIMUTHU- EPF COUNSEL', 'R RECEIPT ONLY FILED', 'PVT NOTICE PROOF FILED', 'R TAPAL RETURNED WITH AN ENDORSEMENT LEFT', '', 'COURT NOTICE', 'FOR R DT SR']

CMP(MD) No.4563 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Thursday, the Fourth day of August Two Thousand and Twenty Two

PRESENT

The Hon`ble Mr.Justice P.N.PRAKASH

and

The Hon`ble Mrs.Justice R.THARANI

CMP(MD) No.4563 of 2022

IN

WA(MD)SR.No.28458 of 2022

M/S.SHRINE BASILICA OF VELANKANNI,

REPRESENTED BY ITS RECTOR AND PARISH PRIEST,

MR.C.IRUTHAIYARAJ,

SHRINE BASILICA CHURCH,

VELANKANNI-611 111.

... PETITIONER/APPELLANT/

SECOND RESPONDENT

Vs

1 THE PRESIDING OFFICER

EMPLOYEES PROVIDENT FUND APPELLANTE TRIBUNAL,

4TH FLOOR, CORE 2, SCOPE MINAR,

LAKSHMI NAGAR,

NEW DELHI-110092.

... FIRST RESPONDENT/FIRST RESPONDENT/

FIRST RESPONDENT

2 THE ASSISTANT PROVIDENT FUND COMMISSIONER,

EMPLOYEES PROVIDENT FUND ORGANIZATION,

SUB REGIONAL OFFICE,SREE COMPLEX,

NO.18, MADURAI ROAD,

TIRUCHIRAPPALLI-8. ... SECOND RESPONDENT/SECOND RESPONDENT/

PETITIONER

Petition filed praying that in the circumstances stated therein

and in the affidavit filed therewith the High Court may be pleased

to condone the delay of 29 days in preferring this Appeal before

this Honourable Court against the Order made by the Honourable High

Court in W.P.(MD) Nos. 21256 of 2015 dated 07.01.2022.

WA(MD)SR.No.28458 of 2022:

Pleased to set aside the Order made by the Hon'ble High Court

vide Order dated 07.01.2022 in W.P(MD).No.21256 of 2015 and thereby

uphold the Orders made by the First Respondent in ATA No.138(13)/

2014, dated 16.06.2014 by allowing this Writ Appeal.

Prayer in WP(MD). 21256/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of

India for issuance of Writ of Certiorari calling for the records

relating to the common order passed by the first respondent in ATA

No.138 (13) 2014 dated 16.06.2014 and Quash the same as illegal and

against law.

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

CMP(MD) No.4563 of 2022

ORDER : This petition coming up for orders on this day, upon

perusing the petition and the affidavit filed in support thereof and

upon hearing the arguments of M/S H.M.FAROOQ, Advocate for the

petitioner and of Mr.M.PALANIMUTHU, Advocate on behalf of the 1^st

Respondent and Mr.N.DILIP KUMAR, Advocate for the 2^nd Respondent the

court made the following order:-

(Made by P.N.PRAKASH, J.)

Heard,

Mr.H.M.Farooq,

learned

counsel

for

the

petitioner/appellant, Mr.M.Palanimuthu, learned counsel appearing

for the first respondent and Mr.N.Dilip Kumar, learned counsel

appearing for the second respondent.

2. The delay of 29 days in filing this writ appeal is condoned

subject to the condition that the petitioner shall pay a sum of

Rs.2000/- (Rupees Two Thousand Only) to the Gandhi Memorial Museum,

bearing Account No.6479518195, IFSC Code: IDIB000T03, Indian Bank,

Tallakulam Branch, Madurai, within a period of one week from today

and file a memo to that effect to the Registry. Registry on receipt

of the memo shall number the appeal, if the papers are otherwise in

order and list it for admission.

3. Print the name of Mr.M.Palanimuthu, learned counsel

appearing for the first respondent and Mr.N.Dilip Kumar, learned

counsel appearing for the second respondent.

sd/-

04/08/2022

/ TRUE COPY /

05/08/2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE PRESIDING OFFICER

EMPLOYEES PROVIDENT FUND APPELLANTE TRIBUNAL,

4TH FLOOR, CORE 2, SCOPE MINAR,

LAKSHMI NAGAR,

NEW DELHI-110092.

2 THE ASSISTANT PROVIDENT FUND COMMISSIONER,

EMPLOYEES PROVIDENT FUND ORGANIZATION,

SUB REGIONAL OFFICE,SREE COMPLEX,

NO.18, MADURAI ROAD,

TIRUCHIRAPPALLI-8.

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

CMP(M