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Madras High CourtWP/28530/2022disposed of

P.Anburajaaraman v. The Commissioner

2022-11-25Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.27851 of 2022 P.Anburajaaraman ... Petitioner Vs.

1.The Commissioner, Employees Provident Fund Organization, No.37, Royapettah High Road, Chennai - 600 014.

2.The Management of Tamilnadu Petroproducts Ltd., Rep. by its Whole Time Director (Finance) & CFO, Manali Express Highway, Manali, Chennai - 600 068.

3.The Deputy General Manager (HRM), Tamilnadu Petroproducts Ltd., Manali Express Highway, Manali, Chennai - 600 068.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to rectify the inconsistency in the petitioner's provident fund account with member ID No.TNMAS00121150000016924 with UAN 1/6

No.100987466371 and EPF No.TN/12115/0612 to provide correct balance in the petitioner's provident fund account with past accumulation based on the petitioner's representation dated 18.11.2021. For Petitioner :

Mr.C.D.Sugumar For Respondents :

Mr.V.Sundareswaran Special Government Pleader for R1 Mr.R.Jayaprakash for R2 and R3

ORDER

This Writ Petition has been filed for a mandamus seeking for rectification of the inconsistency in the petitioner's provident fund account with ID No.TNMAS00121150000016924 with UAN No.100987466371 and EPF No.TN/12115/0612.

2. The grievance of the petitioner is that there are inconsistencies in his provident fund account with ID No.TNMAS00121150000016924 with UAN No.100987466371 and EPF No.TN/12115/0612. The petitioner had earlier given a representation, which according to the petitioner was not considered and in such circumstances, he has filed this Writ Petition. 2/6

3. Heard Mr.C.D.Sugumar, learned counsel for the petitioner and Mr.V.Sundareswaran, learned Special Government Pleader accepts notice on behalf of the respondent No.1 and Mr.R.Jayaprakash, learned counsel accepts notice on behalf of the respondent Nos.2 and 3.

4. Learned counsel appearing for the respondent Nos.2 and 3 would submit that the petitioner will have to give a fresh representation to Regional Provident Fund Commissioner (North) for the purpose of rectifying his provident fund account. The said statement is recorded.

5. No prejudice would be caused to the respondents, if the petitioner is allowed to give a fresh representation to the Regional Provident Fund Commissioner (North), seeking for rectification of his provident fund account with ID No.TNMAS00121150000016924 with UAN No.100987466371 and EPF No.TN/12115/0612 and on receipt of the said representation, a direction is issued to the Regional Provident Fund Commissioner (North) to pass final orders on merits and in accordance with law on the petitioner's representation.

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6. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the Regional Provident Fund Commissioner (North), seeking for rectification of the inconsistency in his provident fund account with ID No.TNMAS00121150000016924 with UAN No.100987466371 and EPF No.TN/12115/0612 within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the Regional Provident Fund Commissioner (North) is directed to pass final orders on merits and in accordance with law within a period of eight weeks thereafter.

7. With the aforementioned directions, this Writ Petition is disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

25.11.2022 Index : Yes/No Speaking Order : Yes / No ab 4/6

To 1.The Commissioner, Employees Provident Fund Organization, No.37, Royapettah High Road, Chennai - 600 014.

2.The Management of Tamilnadu Petroproducts Ltd., Rep. by its Whole Time Director (Finance) & CFO, Manali Express Highway, Manali, Chennai - 600 068.

3.The Deputy General Manager (HRM), Tamilnadu Petroproducts Ltd., Manali Express Highway, Manali, Chennai - 600 068.

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ABDUL QUDDHOSE. J., ab 25.11.2022 6/6