D.Vignesh v. The Provident Fund Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA D.Vignesh ... Petitioner Vs.
1.The Provident Fund Commissioner, Office of the Employment Provident Fund, Royapettah, Chennai - 14.
2.The Chairman and Managing Director, Mandater Facility Services Pvt. Ltd.
Upshot Utility Services Pvt. Ltd., No.H-20, Jeevanandham Salai, 13th Street, Kalainger Karunanithi Nagar, Chennai - 78.
3.The Human Resources Manager, LS Automotive Private Limited, Gudapakkam Village, Poonamalle Taluk, Thiruvallur District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 19.04.2021 to pay the EPF amount to
the petitioner.
For Petitioner : Mr.C.Venkatesan For R1 : Mr.R.Vishnu For R3 : No appearance
ORDER
The writ petitioner was working with the second respondent Management and he had put in 10 years of service. During his tenure in the office, the second respondent periodically deducted his contribution towards Employees' Provident Fund. According to the writ petitioner, though he requested the respondents' office to release his Employees' Provident Fund amount, they have not done so till date. In this regard, the writ petitioner submitted his representation dated 19.04.2021 to the second respondent which went unheeded. Therefore, he filed the present writ petition seeking for a direction to the respondents to consider his representation dated 19.04.2021 and pass appropriate orders.
2. Mr.R.Vishnu, learned counsel for the first respondent would contend that they are ready to conduct enquiry to resolve the dispute
between the petitioner and the second respondent and pass appropriate orders.
3. Since the writ petition is filed only for directing the second respondent to consider his representation dated 19.04.2021 this Court, without going into the merits of the case projected by the writ petitioner either in the affidavit filed in the present writ petition or in his representation dated 19.04.2021, directs the first respondent to conduct an enquiry after giving due notices to the respondents 2 & 3 and also to the writ petitioner and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. With the above observation, this Writ Petition is disposed of. No costs.
01.12.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl
To 1.The Provident Fund Commissioner, Office of the Employment Provident Fund, Royapettah, Chennai - 14.
2.The Chairman and Managing Director, Mandater Facility Services Pvt. Ltd.
Upshot Utility Services Pvt. Ltd., No.H-20, Jeevanandham Salai, 13th Street, Kalainger Karunanithi Nagar, Chennai - 78.
3.The Human Resources Manager, LS Automotive Private Limited, Gudapakkam Village, Poonamalle Taluk, Thiruvallur District.
R. HEMALATHA, J.
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