SOUTH INDIA EXPORT COMPANY PRIVATE LIMITED CHENNAI Vs. REGIONAL OFFICE TAMIL NADU E C I CORPORATION CHENNAI

JUDGEMENT

(1.) This civil revision is directed against the order dated January 28, 2003 made in CMP No. 22 of 2003 in EIOP SR No. 296 of 2003 by the Court of Principal Judge, Labour/El Court in Chennai.

(2.) Tracing the history of the above civil revision petition coming to be filed by the petitioner, it comes to be known that the Labour Court has passed an order granting interim stay and ordering notice on condition that the petitioner should deposit 20% of the amount claimed in the order under Section 45-A on or before February 26, 2003, failing which, the stay granted shall stand vacated. This is the order which is under challenge by the petitioner on the ground that the learned Judge failed to appreciate the fact that no order under Section 45-A was passed by the first respondent, after the show cause notice dated September 20, 2002 issued by the first respondent, that the learned Judge failed to appreciate the fact that in the absence of the order under Section 45-A, the Second respondent has no right to proceed further to recover the above contribution from the petitioner company, that the attachment order issued by the second respondent dated January 8, 2003 is without following the due process of law; that the learned Judge failed to appreciate the fact that the petitioner has already filed CMP Nos. 299 and 300 of 2002 against the order under Section 45-A dated January 19, 2002 issued by the first respondent and in that order, the first respondent has directed the petitioner to pay Rs. 5,96,843/- as contribution charges for the periods from 1994-95 to 2000-2001, and that the learned Judge has failed to appreciate the fact that the contribution charges of Rs. 5,96,843/-, against which no show cause notice has been issued by the first respondent, also include the contribution charges of Rs.4,38,854/-.

(3.) In consideration of the fact pleaded, having regard to the materials placed on record and upon hearing the learned counsel for the petitioner, it comes to be seen that the petitioner herein has filed an application under Section 151 CPC before the Principal Labour Court at Chennai praying that in the circumstances as prayed for in the affidavit therein, interim stay of the order dated January 8, 2003 issued by the respondents/Officers against the Company and while considering the stay petition, the Principal Labour Court at Chennai has passed the order extracted supra granting interim stay and ordering notice on condition that the petitioner should deposit 20% of the amount claimed in the order passed under Section 45-A on or before February 26, 2003.