K.Maran v. The Regional Provident Fund Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.K.Maran 2.J.Sampath 3.Hasthi Mohan Raju 4.V.Loganathan 5.C.Sankar 6.G.Anbalagan 7.A.V.Nagarajan 8.M.Velmurugan 9.C.Subbiah 10.C.Y.Chuppayyan 11.L.Ramu 12.K.Manoharan 13.S.Murugan 14.K.Rajendiran 15.M.Adhikesavan 16.K.Selvamani 17.K.Narasimhan 18.D.Kamaraj 19.K.Dasaradaraju ... Petitioners Vs.

1.The Regional Provident Fund Commissioner, Employees Provident Fund Organization, No.37, Royapettah High Road, Azad Nagar, Rayapettah, Chennai 600 014 1/6

2.The Assistant Provident Fund Commissioner(Pension), Sub Regional Office, Ambattur, Chennai 600 037 3.M/s.Tube Products of India, (A Unit of Tube Investments of India Limited), Avadi, Chennai 600 054 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to consider and dispose of the representation dated 07.02.2022 with regard to revision & refixation of pension, within a limited time frame. For Petitioners : Mr.D.Raja For Respondents : Mr.Vishnu Ramu, Standing Counsel

O R D E R

This writ petition has been filed for direction to respondents 1 and 2 to consider and dispose of the representation dated 07.02.2022 seeking revision and re-fixation of pension.

2.

The learned Standing Counsel appearing for the respondents would submit that this issue has already been dealt with by the Hon'ble 2/6

Supreme Court of India and directions have been issued. Accordingly, the petitioners ought to have submitted their applications with relevant documents. Accordingly, the petitioners submitted their applications for consideration of revision and re-fixation of their pension. On receipt of the said applications, they were issued communication dated 07.09.2023 and asked for proof of remittance of employer's share on wages exceeding the prevalent wage ceiling of Rs.5000/6500/15000/- if any, not attached, the proforma for joint request under paragraph 26 sub clause 6 of EPF Scheme 1952 and undertaking by the employer to be filed. 3.

Therefore, the petitioners are directed to furnish the details as sought for by the communication dated 07.09.2023 within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the second respondent is directed to consider the same and pass orders on merits and in accordance with law within a period of twelve weeks thereafter in terms of the directions issued by the Hon'ble Supreme Court of India in this regard.

4.

With the above directions, this writ petition is disposed of. 3/6

There shall be no order as to costs.

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To 1.The Regional Provident Fund Commissioner, Employees Provident Fund Organization, No.37, Royapettah High Road, Azad Nagar, Rayapettah, Chennai 600 014 2.The Assistant Provident Fund Commissioner(Pension), Sub Regional Office, Ambattur, Chennai 600 037 3.M/s.Tube Products of India, (A Unit of Tube Investments of India Limited), Avadi, Chennai 600 054 5/6

G.K.ILANTHIRAIYAN, J.

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