Harendra Kumar v. Employees Provident Fund Organization

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2498 of 2023 ====================================================== Harendra Kumar Son of Late Saryu Prasad Singh Resident of Village Sarathua, P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

1.

Employees Provident Fund Organization through Regional Provident Fund Commissioner, Patna, R Block, Road No. 6, Patna. 2.

Regional Provident Fund Commissioner, Patna, R Block, Road No. 6, Patna, Bihar.

3.

Bihar State Co-operative marketing union ltd., (Biscomaun) Patna. 4.

The Chairman -Cum-Managing Director, (Biscomaun) Patna. 5.

The Finance Controller, Biscomaun Bhawan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Narayan Rai, Advocate For the Respondent/s :

Mr. Jai Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-07-2023 Heard Mr. Amrendra Narayan Rai, learned counsel appearing on behalf of the petitioner and Mr. Jai Prakash Verma, learned counsel for the respondent/s.

2. Learned counsel appearing on behalf of the petitioner submitted that so far as the maintainability of the present writ petition is concerned, the matter is pending before the Apex Court in SLP (C) No. 13717 of 2014. However, the petitioner is aggrieved for non-payment of entire amount of Provident Fund.

3. Learned counsel appearing on behalf of E.P.F.

Patna High Court CWJC No.2498 of 2023(2) dt.13-07-2023 2/3 informs this Court that he has received instruction from the Commissioner, Employees Provident Fund that as and when the communication and documents are forwarded by the the Managing Director, Biscomaun, Patna, the entire amount will be paid within a period of one week.

4. The petitioner, if so advised, may file a representation giving details before the Managing Director, Biscomaun, Patna.

5. The Managing Director, Biscomaun, Patna, must verify the records and take appropriate legal action to ensure payments if not already paid to the petitioner taking into consideration the plight of the petitioner that petitioner has only been paid partial amount on account of Employees Provident Fund.

6. The representation filed on behalf of the petitioner must be disposed of within a period of three weeks from the date of filing of the representation.

7. The requisite forms, if any, required to be filled up by the petitioner, the Commissioner, Employees Provident Fund must entrust a competent officer to get it filled by the petitioner and all the formalities must be done within a period of three weeks and within the said period, the amount, if payable, may

Patna High Court CWJC No.2498 of 2023(2) dt.13-07-2023 3/3 also be credited into the account of the petitioner.

8. With above observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani U