Gnanaprakash Nattudurai v. Employees Provident Fund Organisation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
1. Gnanaprakash Nattudurai
2. Arunkumar Anbalagan
3. P.Ramachandran
4. Sivasankari.G
5. Sneh Kumar
...Petitioners
Vs.
1. The Employees Provident Fund Organisation (EPFO), Represented by its Central Provident Fund Commissioner, Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi - 110 066.
2. Regional Provident Fund Commissioner, EPFO Regional Office, Tambaram, 3, Rajaji Salai, Tambaram, Chennai - 600 045, Tamil Nadu.
3. Addl. Central Provident Fund Commissioner (Chennai & Puducherry), EPFO Zonal ACC Office Chennai and Puducherry, Office of the Addl. Central Provident Fund commissioner, (Chennai & Puducherry), No.37, Royapettah High Road, Opposite Swagat Hotel, (TN) Chennai - 600 014.
4. Union of India, Ministry of Labour & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi - 110 001.
...Respondents
Petition filed under Article 226 of the Constitution of India to 1/7
issue a Writ of Mandamus directing the respondents to immediately defreeze the petitioner's UANs and ensure that their EPFO accounts are restored without any further delay.
For Petitioner : Mr.Goutham Krishna.UB For Respondents : Mr.R.Thirunavukkarasu
O R D E R
This Writ petition has been filed seeking to direct the respondent to defreeze the petitioners' UANs and ensure that their EPFO accounts are restored without any further delay.
2. The case of the petitioners is that the petitioners were salaried employees working in reputed establishment and were duly registered with the first respondent under valid Universal Account Numbers (UANs). They have been contributing their employees provident fund without committing any default. However, their UANs were arbitrarily frozen by the respondents without any prior notice or any opportunity to be heard citing a vague allegation of misuse under the Atmanirbhar Bharat Rozgar Yojana (ARBY). Despite making several representations, no effective steps has been taken, instead their grievances were mechanically disposed of, citing the fact that the ABRY verification process has been referred to the third 2/7
respondent and kept the same in abeyance. Hence the present writ petition has been filed.
3. The learned counsel for the petitioners submits that though the notice were not served on the petitioners, the first respondent has freezed the UANs of the petitioners without adhering to the mandatory procedural safeguards prescribed under the Standard Operating Procedure (SOP) dated 22.12.2023, issued by the Employees' Provident Fund Organisation, which is wholly unsustainable. Accordingly, he prayed this Court to direct the respondent to defreeze the petitioners UANs within the time frame that may be stipulated by this Court
4. The learned counsel appearing on behalf of the respondents submit that the petitioners availed ARBY scheme, pursuant to the investigation, it was revealed that the said scheme was misused by the petitioners. Thereby, the enquiry is pending before the authority concerned and the same will be concluded and appropriate orders will be passed.
5. Heard the learned counsel for the petitioners and the learned 3/7
counsel for the respondents and perused the materials placed on record.
6. In the light of the submission made by the learned counsel appearing on behalf of the respondents, the third respondent is directed to conclude the enquiry and pass appropriate orders on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioners as well as the aggrieved persons if any within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. With the above observation, this writ petition is disposed of. No costs.
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To
1. The Employees Provident Fund Organisation (EPFO), Represented by its Central Provident Fund Commissioner, Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi - 110 066.
2. Regional Provident Fund Commissioner, EPFO Regional Office, Tambaram, 3, Rajaji Salai, Tambaram, Chennai - 600 045, Tamil Nadu.
3. Addl. Central Provident Fund Commissioner (Chennai & Puducherry), EPFO Zonal ACC Office Chennai and Puducherry, Office of the Addl. Central Provident Fund commissioner, (Chennai & Puducherry), No.37, Royapettah High Road, Opposite Swagat Hotel, (TN) Chennai - 600 014.
4. Union of India, Ministry of Labour & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi - 110 001.
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M.DHANDAPANI., J.
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W.M.P.No.12881 of 2025 in M.DHANDAPANI., J.
Ordered.
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