Chandan Kumar Chaudhary v. The Employees Provident Fund Organisation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13976 of 2014 ====================================================== Chandan Kumar Chaudhary S/o Vidhapati Chaudhary, resident of VillageDularpur, Post- Mokarampur, P.S.- Pandaul, District- Darbhanga .... .... Petitioner

Versus

1. The Employees Provident Fund Organization, through its Regional P.F. Commissioner, Regional Office, R-Block, Road No. 6, Patna

2. The Regional P.F. Commissioner, Regional Office, R-Block, Road No. 6, Patna

3. The Assistant P.F. Commissioner, Regional Office, R-Block, Road No. 6, Patna

4. The Chief General Manager, Gaindamal Chiranjilal ltd., C/o Bhusan Power & Steel Ltd, Thelkoli, Lalanga, Sambalpur- 768232 .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Mohan Mishra, Advocate For the Rest Nos. 1 to 3 : Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-03-2017 The instant writ application has been filed by the petitioner for a direction upon the respondents to make payment of accumulated employees provident fund amount. 2.

The petitioner joined his service to the post of Executive under the respondent no. 4- Gaindamal Chiranjilal Ltd., Office at Sambalpur, Orissa.

3.

It is submitted by the learned counsel for the petitioner that the petitioner represented before respondent no. 4 for recommendation of Form-19 with regard to payment of provident fund amount, but the same has been denied and the payment has not been released to him so far.

Patna High Court CWJC No.13976 of 2014 (7) dt.20-03-2017 2/2 4.

On the other hand, learned counsel appearing on behalf of respondent nos. 1 to 3 submitted that the Employees Provident Fund Organization deals in providing social security benefits to its members within the territorial limits of their respective offices, as record/datas pertaining to members are kept in the respective offices and services to the members are delivered accordingly. He submitted that in the present case, the petitioner who is a member of EPFO, Rourkela (Orissa) has wrongly filed the present writ application before this Court as no cause of action has arisen within the territorial jurisdiction of this Court.

5.

I find substance in the argument of the learned counsel appearing on behalf of respondent nos. 1 to 3. 6.

At this stage, learned counsel for the petitioner seeks leave to withdraw the present writ application in order to file appropriate application before Orissa High Court for the relief prayed for in this application. 7.

Leave is granted.

8.

The writ application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- U