M.Perumal v. The Regional Provident Fund Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-02-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI M.Perumal S/o. Murugesan, Old No. 10, New No. 19, Jegajeevanram Nagar, Manamai, Chengalpet - 603 102.
Petitioner Vs
1. The Regional Provident Fund Commissioner, Employee Provident Fund Organization, TNHB Shopping Complex, R-40A, Mogappair road, Kongu Nagar, Mogapair East Road, Chennai - 600 037.
2.Ms.Padmavathi Hospitality And Facility Management Services, Represented by its Partner K Pradeep, No.2B, Second floor, JVL Towers, New No.51, Old No.117, Nelson Manikkam Road, Aminjikarai, Chennai - 600 029.
Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 1 st respondent to pay the Employees provident fund to the petitioner vide representation dated 23.12.2024 within a time frame fixed by this Court. For Petitioner:
Mr.Y.Kajanavas For Respondents:
Mr.Arun Dhanapalan For R1 *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the 1 st respondent to pay the Employees provident fund to the petitioner vide representation dated 23.12.2024 within a time frame fixed by this Court.
nd
2. Since no adverse order has been passed against the 2 nd respondent is dispensed with.
respondent, notice to the 2
3. Mr.Arun Dhanapalan, learned counsel, accepts notice on behalf st respondent. In view of the consent expressed by the learned of the 1
counsel for the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The case of the petitioner is that, he worked as housekeeping nd respondent management from 01.03.2018 to 31.05.2020. boy in the 2 During that period, the provident fund contribution was collected by the nd respondent and the same was deposited to the 1 st respondent. Whileso, st he came to know that while depositing the contribution to the 1 respondent, it was wrongly deposited to the account of one A.Perumal, having UAN No.100419074607, whereas, the provident fund account of the petitioner is UAN No.101806729463. Thereafter, he approached the st respondent to pay his provident fund and the 1 st respondent asked him to provide the joint declaration and other documents and the same has been submitted by the petitioner on 27.05.2022. Again, he was asked to nd respondent, which produce the affidavit and indemnity body from the 2 st respondent on 07.11.2022. Even though was also submitted before the 1
st respondent the petitioner had submitted all the required documents, the 1 had not taken any action. Therefore, on 23.12.2024, he sent a detailed st respondent. Since the same was not considered, representation to the 1 the petitioner filed this writ petition before this court.
5. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would st respondent to consider the suffice, if this Court issues a direction to the 1 representation of the petitioner, dated 23.12.2024 within a time frame that may be stipulated by this court.
6. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the case, st respondent to consider the representation of the petitioner directs the 1 dated 23.12.2024 on merits and in accordance with law and pass appropriate orders, within a period of eight (8) weeks from the date of
receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. With the above direction, this writ petition is disposed of. No costs.
28-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes SP To The Regional Provident Fund Commissioner, Employee Provident Fund Organization, TNHB Shopping Complex, R-40A,Mogappair road, Kongu Nagar, Mogapair East Road, Chennai - 600 037.
M.DHANDAPANI J.
SP 28-02-2025