M/S.Tussor Machine Tools India Pvt.Ltd vs The Director on 22 December, 2017

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Madras High Court

M/S.Tussor Machine Tools India Pvt.Ltd vs The Director on 22 December, 2017

Bench: S.M.Subramaniam

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.12.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.27087 of 2011
and
M.P.No.1 of 2011
							
M/s.Tussor Machine Tools India Pvt.Ltd.,
No.247, Avinashi Road,
Neelambur Post,
Coimbatore  641 014.							..Petitioner 
vs

1.The Director,
ESI Corporation,
Sub-Regional Office,
Trichy Road,
Coimbatore  45.

2.The Management,
Usha Engineering Works,
ESI Code No.56-34852-66,
Narasimanaickenpalayam,
Coimbatore  31.				                              .. Respondents


Prayer:  Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records from the file of the 1st Respondent in Ref.No:56-00-107815-000-0607/INS.I/PMD dated 28.10.2011 and quash the same and consequently direct the 1st Respondent to conduct enquiry as per law and pass orders after verifying the original records of the contractor the 2nd respondent M/s.Usha Engineering Works covered under ESI scheme for the disputed period 2006-2008.
  	               For Petitioner         :  Mr.R.Gokulakrishnan
		     For Respondents     :   Mrs.S.Jayakumari for R1
						   Mr.S.Jayaraman for R2


					O R D E R

The order passed by the authorities are to be challenged before the ESI Court under Section 75 of the ESI Act.

2.The learned counsel for the petitioner states that in view of the pendency, now the point of delay will be raised by the ESI Court. Thus, the delay is condoned and the petitioner is permitted to move the ESI Court for appropriate relief by filing the petition.

3.Accordingly, the writ petition stands dismissed as withdrawn. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. The original order enclosed in this writ petition is directed to be returned to the learned counsel for the petitioner. 22.12.2017 sk/kak Index:Yes Internet:Yes Speaking Order To

1.The Director, ESI Corporation, Sub-Regional Office, Trichy Road, Coimbatore 45.

2.The Management, Usha Engineering Works, ESI Code No.56-34852-66, Narasimanaickenpalayam, Coimbatore 31.

S.M.SUBRAMANIAM J.

sk/kak W.P.No.27087 of 2011 22.12.2017

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