IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2010
CORAM
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
W.P.No.38567 of 2003
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SPHEREO SPORTS (I)PVT LTD [ PETITIONER ]
REP BY ITS M.D. SUPER A-3 A -4INDUSTRIAL
ESTATE GUINDY CH-52
Vs
1 ESIC REP BY ITS REGIONAL
DIRECTOR 143 STRELING ROAD
NUNGAMBAKKAM
CHENNAI-34
2 THE RECOVERY OFFICER ESIC
NO 43 STERLING ROAD,
NUNGAMBAKKAM,
CHENNAI-34
3 THE PRESIDING OFFICER [ RESPONDENTS ]
PRINCIPAL LABOUR COURT CHENNAI
Writ Petition is filed under Article 226 of the Constitution of India to India for the issuance of a Writ of Mandamus, directing the respondent Corporation to receive the 20% of the claim amount i.e. a sum of Rs.1,06,062.60 in 10 equal monthly instalments in respect of the claim which the subject matter of unnumbered E.I.O.P. Pending on the file of the Principal Labour Court, Chennai, the 1st respondent herein wherein waiver and stay has been granted conditionally.
For Petitioner : Mr.V.Prakash,
Senior Counsel
For Respondents : Mr.C.Sethu
2 and 3
O R D E R
The petitioner filed C.M.P.No.381/2003 before the Principal Labour Court, Chennai seeking stay of the notice issued by the 2nd respondent bearing No.TN/Recy/45(G)-51-19136-18, dated 30.10.2003. The Labour Court by order dated 5/12/2003 granted a conditional order of stay on condition that the petitioner shall deposit 20% of the claim amount on or before a particular date. Aggrieved over the said condition to deposit, the petitioner has come up with this writ petition.
2. It is brought to the notice of this Court that subsequent to the filing of the writ petition, the petitioner has already deposited Rs.25,000/-.
3. Today, the learned Counsel appearing for the petitioner would submit that the petitioner is prepared to deposit the balance amount of Rs.75,000/- within a period of six weeks from today.
4. In view of the above, nothing survives in the writ petition. The writ petition is dismissed with a direction to the petitioner to comply with the order of the Labour Court dated 30.10.2003 within a period of six weeks from today and on such deposit, the stay granted by the Labour Court shall survive until the disposal of the ESOP. No costs.
08.02.2010
tsi
To
1 REGIONAL
DIRECTOR ,ESIC,143 STRELING ROAD,
NUNGAMBAKKAM,
CHENNAI-34
2 THE RECOVERY OFFICER ESIC
NO 43 STERLING ROAD,
NUNGAMBAKKAM,
CHENNAI-34
3 THE PRESIDING OFFICER
PRINCIPAL LABOUR COURT CHENNAI
S.NAGAMUTHU,J.
tsi
W.P.No.38567 of 2003
08.02.2010