Regional Pf Commissioner-1 v. Ongc Retired Employees Welfare Association

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023

CORAM:

THE HON'BLE MR. JUSTICE S. VAIDYANATHAN and THE HON'BLE MR. JUSTICE K. RAJASEKAR & C.M.P. No. 23410 of 2019 Regional Provident Fund Commissioner - I (Pension) Bhavishya Nidhi Bhawan 14, Bhikanji Cama Palace New Delhi 110 066 Additional Central Provident Fund Commissioner-HQ (Pension) Employees Provident Fund Organisation Bhavishya Nidhi Bhawan 14 Bhikanji Cama Palace New Delhi 110 066 Regional Provident Fund Commissioner Employees Provident Fund Organisation Employees Provident Fund Commissioner No.37, Royapettah High Road Azad Nagar, Royapettah, Chennai 600 014, Tamil Nadu.

Assistant Provident Fund Commissioner (EPFO) Sub Regional Office, R-40A, TNHB Office Complex, Mugappair Road, Mugappair (East), Chennai - 600 037, Tamilnadu ..Appellants Vs.

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1.

ONGC Retired Employees' Welfare Association, Chennai rep. by its President, CMDA Tower, 2, 8th Floor, Room S-15, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.

Union of India, represented by the Secretary to Government of India, Ministry of Labour and Department of Employment, New Delhi - 110 001.

3.

Oil and Natural Gas Corporation Ltd., (ONGC), represented by its Chairman & MD, ONGC, Pandit Deenadayal Upadhaya Urja Bhavan, Nelson Mandela Marg, Vasant Kunj - 110 070.

4.

ONGC Ltd. Employees Contributory Provident Fund Trust, represented by its Chairman, Shed No.21, Tel Bhavan, ONGC, Dehradun - 248 003.

..Respondents Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 27.03.2019 passed in W.P. No.14368 of 2018 For appellants ::

Mr. Vishnu, Standing Counsel For Respondents ::

M/s. Sarvabhauman Associates for R1 R2 No appearance Mr.Vijaya Mahanath for M/s. AAV Partners for R3 & R4

JUDGMENT

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(delivered by S. VAIDYANATHAN, J.) This writ appeal is directed against the order dated 27.03.2019 passed by a Single Bench of this Court in W.P. No.14368 of 2018. Today, when this matter was taken up for hearing, Mr. Vishnu, learned Standing Counsel for the appellants/EPFO submitted that the issue involved in this writ appeal is covered by the order passed by a Coordinate Bench of this Court in P. Chandrasekaran v Union of India & 4 others1, in which, one of us (SVNJ) was a member, which was rendered following the 3 Judge Bench judgment of the Supreme Court in The EPFO and another v Sunil Kumar B. and others, etc.2.

However, according to Mr. Vishnu, paragraph 4 of the order passed by this Court in P. Chandrasekaran, supra, which reads as under, cannot survive any more, in view of the fact that the time granted by the Supreme Court in Sunil Kumar B., supra, had already expired on 11.07.2023: "4.

If the employees could not access the site, they shall take a screenshot and enclose the same with the hard copy to enable the Employees (sic) Provident Fund Organisation to process their option forms." The submission made by Mr. Vishnu in paragraph 3, supra, is recorded and W.P. Nos.20160 of 2019 etc. batch decided on 27.06.2023 2022 LiveLaw (SC) 912 3/6

in view of the submission made by him in paragraph 2, supra, this writ appeal also is disposed of on the same terms in which P. Chandrasekaran, supra, was disposed of. No costs. Connected C.M.P. is closed. (S.V.N., J.) (K.R.S., J.) 25.09.2023 nv To 1.

Regional Provident Fund Commissioner - I (Pension) Bhavishya Nidhi Bhawan 14, Bhikanji Cama Palace New Delhi 110 066 Additional Central Provident Fund Commissioner-HQ (Pension) Employees Provident Fund Organisation Bhavishya Nidhi Bhawan 14 Bhikanji Cama Palace New Delhi 110 066 Regional Provident Fund Commissioner Employees Provident Fund Organisation Employees Provident Fund Commissioner No.37, Royapettah High Road Azad Nagar, Royapettah, Chennai 600 014, Tamil Nadu.

Assistant Provident Fund Commissioner (EPFO) Sub Regional Office, R-40A, TNHB Office Complex, Mugappair Road, Mugappair (East), Chennai - 600 037, Tamilnadu.

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5.

Secretary to Government of India, Ministry of Labour and Department of Employment, New Delhi - 110 001.

6.

Oil and Natural Gas Corporation Ltd., (ONGC), represented by its Chairman & MD, ONGC, Pandit Deenadayal Upadhaya Urja Bhavan, Nelson Mandela Marg, Vasant Kunj - 110 070.

7.

ONGC Ltd. Employees Contributory Provident Fund Trust, represented by its Chairman, Shed No.21, Tel Bhavan, ONGC, Dehradun - 248 003.

S. VAIDYANATHAN, J.

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K. RAJASEKAR, J.

nv 25.09.2023 6/6