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Madras High CourtWP/16364/2019disposed of

Mohan Krishnan Pandalai Alias v. The Central Provident Fund Commissioner,

2019-10-16Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16-10-2019 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.16364 of 2019 Mohan Krishnan Pandalai alias M.K.Pandalai ..

Petitioner vs.

1.The Central Provident Fund Commissioner, Bhavishya Nidhi Bhawan, No.14, Bhikhaji Cama Place, New Delhi-110 066.

2.The Commissioner, Regional Office, Mumbai-II, Vardhan Commercial Complex, MIDC, Road No.16, Wagley Estate, Thane, Mumbai-400 604.

3.The Additional Provident Fund Commissioner, West Zone (Maharastra and Chattisgarh), Bhavishya Nidhi Bhawan, No.341, Bhandra (East), Mumbai-400 051.

4.The Assistant Provident Fund Commissioner, Sub Regional Office, Purulia Highway, Post Azad Nagar, Mango, Jamshedpur 832 110, Jharkhand State.

5.The General Manager-Finance and Accounts (Payrolls), Tata Motors Limited, Bombay House, No.24, Homi Modi Street,

Fort Mumbai-400 001.

6.The Regional Provident Fund Commissioner-I, Regional Office, No.3, Rajaji Salai, Municipal Building, Tambaram, Chennai-600 045.

7.The Additional Central Provident Fund Commissioner, Tamil Nadu and Kerala Regions, No.37, Royapettah High Road, Opposite to Hotel Swagath, Royapettah, Chennai-600 014.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1,2,3, 6 and 7 to direct respondents 4 and 5 to process, the petitioner's Form Application under current member ID No.TB/TAM/0009710/000/0005880 and claim ID No.TB/1709/000/ 0007943 and to credit the petitioner's Family Pension Fund Accumulated collected during his service with Tata Motors Limited, Pimpri, Pune along with interest at 12% per annum till date within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.Ashok Menon For Respondents-1to4 : No Appearance For Respondent-5 : Mr.S.Ravindran, Senior Counsel for Mr.Eswar Kumar and Rao.

For Respondent-6 : Mr.R.Vishnu for Mr.K.Ramu.

O R D E R

The learned counsel appearing on behalf of the Employees' Provident Fund Organization made a submission that the grievances of the writ petitioner had already been redressed and the pension as well as the

arrears of pension are already settled.

2. The learned Senior Counsel, appearing on behalf of the fifth respondent, made a submission that the fifth respondent was unnecessarily be implicated in the writ petition and the contribution in respect of the writ petitioner was transferred to the other company during the year 1984 itself and therefore, the allegations set out in the affidavit, more specifically, in paragraphs 10 to 12, became unnecessary and causing damage to the image of the fifth respondent.

3. In this regard, the attention of this Court is solicited with reference to the transfer of benefits made by the first respondent on 25.06.1984, which is a receipt issued by the Larsen and Toubro, to the writ petitioner, which is enclosed in page No.18 of the typed set of papers filed along with the present writ petition.

4. In view of the fact that the fifth respondent-Company transferred the contributions in the year 1984, the allegations set out in paragraphs 10 to 12 stand deleted. However, it is brought to the notice of this Court that pension and arrears of pension had already been settled in favour of the writ petitioner and the grievances are redressed. Thus, no further adjudication needs to be entertained in respect of the grounds raised in the present writ petition.

5. Accordingly, the writ petition stands disposed of as infructuous. However, there shall be no order as to costs.

Sd/- Assistant Registrar(Cj conf) //True Copy// Sub Assistant Registrar Svn

To 1.The Central Provident Fund Commissioner, Bhavishya Nidhi Bhawan, No.14, Bhikhaji Cama Place, New Delhi-110 066.

2.The Commissioner, Regional Office, Mumbai-II, Vardhan Commercial Complex, MIDC, Road No.16, Wagley Estate, Thane, Mumbai-400 604.

3.The Additional Provident Fund Commissioner, West Zone (Maharastra and Chattisgarh), Bhavishya Nidhi Bhawan, No.341, Bhandra (East), Mumbai-400 051.

4.The Assistant Provident Fund Commissioner, Sub Regional Office, Purulia Highway, Post Azad Nagar, Mango, Jamshedpur 832 110, Jharkhand State.

5.The Regional Provident Fund Commissioner-I, Regional Office, No.3, Rajaji Salai, Municipal Building, Tambaram, Chennai-600 045.

6.The Additional Central Provident Fund Commissioner, Tamil Nadu and Kerala Regions, No.37, Royapettah High Road, Opposite to Hotel Swagath, Royapettah,Chennai-600 014.

+1cc to Mr.K.Ramu , Advocate SR.No. 87088 +2ccs to Mr.Ashok Menon , Advocate SR.No. 86565 +1cc to Mr.Eswar kumar, Advocate SR.No. 86443 W.P.No.16364 of 2019 A.SK(04/11/2019)