Madras High CourtWP/16833/2022disposed of

P.Selvakumar v. The Provident Fund Commissioner

2022-11-09Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE --- Mr.P.Selvakumar .. Petitioner Vs.

1. The Provident Fund Commissioner, No.37, The Provident Fund Organisation, Royapettai, Chennai-14.

2. The Chief Financial Officer, Bimetal bearings Ltd., No.18, Race Course Road, Coimbatore-641 018.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 21.03.2022 and pass necessary order as to disburse the petitioner's Provident Fund, pension and other retirement benefits under the Provident Fund Act.

For petitioner : Mr.P.R.Thiruneelakandan For respondents: Mr.K.Ramu, Standing Counsel for R-1 1 / 4

ORDER

The petitioner's grievance in this Writ Petition is that he has not been paid his retirement benefits, despite the fact that he attained superannuation on 18.12.2021 itself. According to the petitioner, the second respondent has already forwarded the service records of the petitioner to the first respondent, with a proposal for payment of Employees Provident Fund benefits including pension. According to the petitioner, despite the same, till date, the retirement benefits have not been paid to him. In such circumstances, the petitioner has filed the present Writ Petition.

2. Heard both sides and perused the materials available on record.

3. No prejudice would be caused to the respondents, if the aforementioned petitioner's representation, dated 21.03.2022, is directed to be disposed of by the first respondent within a time frame to be fixed by this Court.

4. Accordingly, this Court directs the first respondent to consider the representation of the petitioner, dated 21.03.2022, requesting for disbursement of Provident Fund, pension and other retirement benefits under the Employees' 2 / 4

Provident Fund and Miscellaneous Provisions Act and pass final orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

5. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs. 09.11.2022 Index: Yes/no Speaking Order: Yes/no cs To The Provident Fund Commissioner, No.37, The Provident Fund Organisation, Royapettai, Chennai-14.

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ABDUL QUDDHOSE, J cs 09.11.2022 4 / 4