Leshark Global Llp v. Employees Provident Fund

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.234 of 2018 LESHARK GLOBAL LLP., Unit - 1, Rep. by its Partner - Anil Laxmichand Shah, No.10/685 to 692, Opp Park Schoo, Karaipudur, Chinnakkarai, Palladam, Tirupur, Tamil Nadu - 641 605.

... Petitioner -vs1.Employees Provident Fund Organisation, District Office, Tirupur.

2.Employees Provident Fund Organisation, Represented by its Commissioner, Bhavishyanidhi Bhavan, Dr. Balasundaram Road, Coimbatore - 641 018.

3.Employees Provident Fund Organisation, Ministry of Labour & Employment, Government of India, Bhavishyanidhibhawan, No.14, Bhikaj Icama Place, New Delhi - 110 006.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to consider petitioner's representation dated 22.08.2017 as petitioner.

For Petitioner :: Mr.S.Ezhil Raj For Respondents :: No Appearance

O R D E R

The relief sought for in this writ petition is to direct the respondents 1 to 3 to consider the representation submitted by the petitioner on 22.08.2017.

https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel appearing for the petitioner made a submission that the Regional Provident Fund Commissioner-I (Pension), third respondent issued a circular on 26.03.2018, in respect of the relief under the Employees' Pension Scheme, 1995. Thus, the representation of the writ petitioner was already considered and the circular was also issued in this regard. 3.The Circular reads as under:

"Employers may apply to the concerned RPFC for generating UAN number for such employees. RPFC (OIC) will generate UAN for such employees based on undertaking from these employees forwarded through the employer concerned that he/she does not have aadhar number for generation of UAN and on verifying the identity as per Head Office Letter No.R-1/UAN/2.0/2016/572/20310 dated 27.10.2016.

The UAN thus generated shall be forwarded to Employers concerned to file ECR for such employees under intimation to the concerned employees about their UAN."

4.In view of the above circular, no further adjudication is required in respect of the grounds raised in this writ petition. 5.Accordingly, the Writ Petition stands closed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ah To +1cc to Mr.S.Ezhil Raj, Advocate, S.R.No.24444 W.P.No.234 of 2018 SVN(CO) CS/24/04/18 https://hcservices.ecourts.gov.in/hcservices/