K.Gopi v. The Regional Provident Fund Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.07.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA K.Gopi ... Petitioner Vs.

1.The Regional Provident Fund Commissioner Employees Provident Fund Organisation Regional Office, S-1, TNHB Phase-III Sathuvachari, Vellore - 632 009 Vellore District.

2.The Secretary to State of Tamil Nadu Department of Co-operation, Food and Consumer Protection Fort St.George, Secretariat Chennai - 600 009.

3.The Registrar of Cooperative Societies NVN Natarajan Maligai No.170, Periyar E.V.R. High Road Kilpauk, Chennai - 600 010.

4.The Joint Registrar Co-operative Joint Registrar Office District Collector Office Sathuvachari, Vellore - 632 009 Vellore District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the first respondent to take action on the representation dated 10.01.2025 and to recover the Employees Provident Fund dues for the period from 1983 to 2023 with interests and other dues from the respondents 2 to 4 and to make payment to the petitioner within the stipulated time.

For Petitioner :

Ms.T.R.Malinisree For Respondents :

Mr.M.Murali Government Advocate for R2 to R4 Mr.P.K.Pannerselvam for R1

ORDER

The petitioner seeks a mandamus to the first respondent to take action on his representation dated 10.01.2025 to recover the EPF dues for the year 1983 to 2002 with interests and other dues from the respondents 2 to 4 and to pay the same to him.

2. The case of the petitioner is that he worked as Assistant Secretary in the Department of Co-operative Society, C-2475, Paradarami PACCS, Paradarami, Vellore District, and served in this capacity from 01.12.1983 to 2/6

31.05.2023 without any blemish or adverse remarks. His service was regularised on 12.03.2001 by the fourth respondent, and throughout his service, he demonstrated a high caliber of professionalism, integrity, dedication to duties and also followed the rules and regulations of the Department without any violation. The petitioner had retired from service on 31.05.2023, and he has been drawing his pension regularly.

3. The fourth respondent had been deducting the petitioner's contributions towards the Employees Provident Fund (EPF) from 1983 to 2023. According to the petitioner, on his retirement, he was entitled to receive the EPF dues from the year 1983 to 2023, salary balance and also the security deposit paid by him at the initial stage of his employment, the details of which are as follows :

Sl.

No.

Heads Amount (Rs.) 1.

Employees Provident Fund due from 1983 to 2023 6,57,000/- 2.

Salary Balance 41,300/- 3.

Security Deposit 2,000/- Total :

7,00,300/-

4. Despite his several requests to the respondents to pay the above dues to him forthwith, the same was not paid to him nor the details of EPF 3/6

dues were provided to him. Hence, on 03.12.2024, he sent notices to all the respondents There was no response. Finally on 10.01.2025, the petitioner had sent a representation to the respondents seeking an early disbursement of the dues. However, the first respondent has demonstrated absolute apathy in initiating steps to address the grievance of the petitioner. Therefore, left with no other alternative, the petitioner is before this Court seeking a mandamus to the first respondent.

5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.

6. The fourth respondent who is the statutory authority under the Act has failed to discharge the duties. The petitioner who has been contributing the funds towards EPF deductions for over three decades, has not seen the colour of the coin. Therefore, a mandamus is issued to the first respondent to take action on the representation of the petitioner dated 10.01.2025 within a period of one month from the date of receipt of a copy of this order in the manner known to law.

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7. Accordingly, the writ petition is allowed. No costs. 02.07.2025 Index : Yes/No ds To:

1.The Regional Provident Fund Commissioner Employees Provident Fund Organisation Regional Office, S-1, TNHB Phase-III Sathuvachari, Vellore - 632 009 Vellore District.

2.The Secretary to State of Tamil Nadu Department of Co-operation, Food and Consumer Protection Fort St.George, Secretariat Chennai - 600 009.

3.The Registrar of Cooperative Societies NVN Natarajan Maligai No.170, Periyar E.V.R. High Road Kilpauk, Chennai - 600 010.

4.The Joint Registrar Co-operative Joint Registrar Office District Collector Office Sathuvachari, Vellore - 632 009 Vellore District.

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P.T. ASHA, J, ds 02.07.2025 6/6