At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
For the Petitioner: M.V. Swaroop, Advocate. For the Respondents: R1, A. Vijayakumar, Central Government Standing Counsel, R2, T.R. Sundaram, Standing Counsel.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the First Respondent relating to the impugned order 164/2019 dated 11.12.2019 passed by the First Respondent and quash the same as illegal, arbitrary and devoid of merit which is in accordance with the equity and law.)(through video conference)Heard Mr. M.V.Swaroop, Learned Counsel for the Petitioner, Mr. A.Vijayakumar, Learned Central Government Standing Counsel for the First Respondent and Mr. T.R.Sundaram, Learned Standing Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.2. The Petitioner is aggrieved by the order No. 164/2019 dated 11.12.2019 passed by the First Respondent viz., Central Government Industrial Tribunal, Chennai, which is the Appellate Authority under Section 7-I of the Employee-s State Insurance Act, 1948, requiring the Petitioner to deposit 60% of the dues determined in the order that has been impugned in that appeal on or before 07.02.2020, as condition for entertaining the same in terms of the Second Proviso to Rule 7(2) of the Employees- State Insurance (Central) Rules, 1950. It is submitted by the learned Counsel for the Petitioner that the Petitioner is entitled to the benefit in terms of the order dated 06.06.2013 in W.P. (C) No. 13476 of 2013 (H) passed by the High Court of Kerala in respect of a similarly placed person, but that contention has not been considered while passing impugned order. In order to show bonafides, a copy of demand draft in favour of the First Respondent for the sum of Rs. 6,56,664/-, which is represented to be the amount that would be payable in terms of calculation made on that basis, has been produced.3. Having regard to the aforesaid contention raised, this Court without expressing any view on the correctness or entitlement on the merits of the claim made by the Petitioner in that regard, sets aside the impugned order dated 11.12.2019 in EPFA No. 164 of 2019 dated 11.12.2019 and directs that the waiver/stay application in the appeal shall be restored to file and listed for hearing before the First Respondent on 01.10.2020, for affording opportunity of hearing to the Petitioner and the Second Respondent and pass fresh reasoned orders on merits and in accordance with law. The Petitioner shall hand over the said Demand Draft for the sum of Rs. 6,56,664/- to the Registry of the Central Government Industrial Tribunal on or before 21.09.2020 under written acknowledgment, which shall be encashed to the credit of that appeal. It is needless to add here that depend
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ing upon the outcome of the order to be passed by the First Respondent in the waiver/stay application, further proceedings in the appeal shall take place.In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.