Madras High Court
M/S. Anglo French Textiles vs Devanathan .. 1St on 10 December, 2018
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2018
CORAM
THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR
Second Appeal No.272 of 2012
M/s. Anglo French Textiles,
Rep.by its Managing Director
A Unit of Pondicherry Textiles
Corporation Limited,
(A Government of Pondicherry
Undertaking)
Pondy-Cuddalore Road,
Pondicherry .. Appellant /1st Respondent/ 1st Defendant
- Vs -
1.Devanathan .. 1st Respondent / Appellant / Plaintiff
2.The Assistant Provident
Fund Commissioner
Employees Provident
Fund Organisation
100 Feet Road, Mudaliarpet,
Pondicherry. .. 2nd Respondent/2nd Respondent/
2nd Respondent
PRAYER: Appeal filed under Section 100 C.P.C., against the decree and judgment
dt 26.09.2011 in A.S.No.33 of 2010 on the file of the Principal Subordinate
Judge, Pondicherry, reversing the Judgment and Decree dated 19.03.2010 made
in O.S.No.165 of 2009 on the file of the 1st Additional District Munsif at
Pondicherry.
http://www.judis.nic.in
2
For Appellants : Ms. N. Mala
For Respondents : M/s.M.A.Abdul Wahab for
M/s K.V.Subramaniam Associates for R1
M/s.V.J. Latha for R2
JUDGMENT
This Second Appeal has been filed challenging the decree and judgment dated 26.09.2011 in A.S.No.33 of 2010 on the file of the Principal Subordinate Judge, Puducherry, reversing the Judgment and Decree dated 19.03.2010 made in O.S.No.165 of 2009 on the file of the 1st Additional District Munsif at Puducherry.
2. The appeal is not admitted and pending from the year 2012. Learned counsel for the Second Respondent submitted that they corrected the Date of Birth of the Plaintiff as per the orders of the First Appellate Court and paying the pension regularly and they have no objection to pay the pension regularly and therefore the appeal become infructuous.
3. Learned counsel for the Appellant would submit that if the First Respondent continue to receive pension without any claim for back wages, they have no grievance. The learned counsel for the First Respondent submitted that if the Second Respondent has no objection to pay pension, he will receive the http://www.judis.nic.in 3 same and he will not claim any back wages from the Appellant. The submissions of the counsel recorded.
4. In view of the same, the substantial question of law become academic one and the Second Appeal is dismissed as infructuous.
10.12.2018
Index : Yes/No
Internet : Yes/No
ggs
Copy to:
1. The Principal Subordinate Judge,
Civil Judge (Senior Division), Puducherry.
2. The I Additional District Munsif, Civil Judge (Junior Division), Puducherry. http://www.judis.nic.in 4 N. SATHISH KUMAR,J.
ggs S.A.No.272 of 2012 10.12.2018 http://www.judis.nic.in