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Madras High CourtWP/3436/2021disposed of

K.J.Mohan Kumar v. The Pf Commissioner

2023-10-30Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA K.J.Mohan Kumar ... Petitioner Vs.

1.The PF Commissioner, Employees Provident Fund Regional Office, No.37, Opp. Swagat Hotel, Royapettah High Road, Chennai - 14.

2.The Manager, Hindustan Unilever Limited, 'Ponds House', No.101, Santhome High Road, Chennai - 28.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to scrutinise the records of petitioner maintained by the second respondent and issue eligible pension amount from 23.01.2010 to the petitioner and consequently direct the second respondent to pay consolidated damages to the petitioner a sum of Rs.10 Lakhs for the act of negligence of the second respondent by not providing the accounts books relating to the emoluments of the petitioner for over a period of ten years.

For Petitioner : Mr.S.Sridhar For R1 : Mr.C.Kulanthaivel, Senior Panel Counsel For R2 : Mr.S.Shivathanu Mohan

ORDER

The grievance of the writ petitioner is that the services rendered by him in the second respondent Management during the period from 01.10.1998 to 31.03.2007 had not been taken into account while granting pension to him.

2. Mr.C.Kulanthaivel, learned Senior Panel Counsel for the first respondent would contend that three communications dated 12.11.2020, 08.01.2021 & 12.01.2021 were sent to the writ petitioner directing him to furnish his PPO number as well as PF Account number, in order to examine his representation dated 30.09.2020 and till date those particulars have not been furnished by him. His further contention is that the petitioner has not produced any records to show that he was a member in the PF Account during the period 01.10.1998 to 31.03.2007.

3. Mr.S.Sridhar, learned counsel for the writ petitioner contended that the Writ Petitioner is ready to furnish all those particulars to the second respondent Management.

4. Considering the submissions made by both the counsels, the writ petitioner is directed to furnish all the particulars within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said particulars the respondents 1 & 2 shall pass appropriate orders within a period of four weeks and thereafter, the entire exercise shall be done within a period of six weeks.

5. Accordingly, the Writ Petition is disposed of. No costs. 30.10.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To The PF Commissioner, Employees Provident Fund Regional Office, No.37, Opp. Swagat Hotel, Royapettah High Road, Chennai - 14.

30.10.2023