V.Balaji, S/O. Venkatasubbu, v. The Regional Provident Fund-
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2022
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY V. Balaji ... Petitioner Vs.
1. The Regional Provident Fund Commissioner, Employees Provident Fund Organizatio, Regional Officer No.37, Royapettah, High Road, Chennai.
2. The Regional Provident Fund Commissioner, Sub-regional Office, Employees Provident Fund Organization, Post Box No.588, Sree Complex, D-Blick, No-18, Madurai Road, Trichy.
3. Eid Parry (INDIA) Limited, represented by its Business Head-Bio & Nutraceuticals, Having its Registered Office at Dare House, 234, N.S.C Bose Road, Parrys Corner, Chennai - 1.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first and second respondents to take appropriate action against the third respondents company in accordance with law under the Employees Provident Fund Miscellaneous Provisions Act and consequently, direct the third respondent to settle the provident Fund contribution due to the petitioner by considering the representation given by him, dated 01/08/2013 within the stipulated period.
For Petitioner : Mr.N.Sathish Babu For R1 & R2 : Mr.N.Dilip Kumar For R3 : Mr.Anand Gopalan for M/S. T.S.Gopalan & Co
ORDER
This Writ Petition is filed for Writ of Mandamus, directing the second respondent to take appropriate action against the third respondent company in accordance with law under the Employees Provident Fund Miscellaneous Provisions Act and consequently direct the third respondent to settle the Provident Fund contribution due to the petitioner 2/5
by considering the representation, dated 01.08.2013.
2. When the matter was taken up for hearing, the learned Counsels appearing for the first and second respondents submitted that the contribution amount and pension amount are available in the account. The petitioner has not submitted a proper petition before the first and second respondents. The dispute arose because the third respondent while processing the application has mistakenly communicated that lesser amount is available.
3. However, on subsequent perusal it was revealed that appropriate amount is available before the first and second respondents. The petitioner is at liberty to withdraw the same. Therefore, the petitioner is directed to appear and submit appropriate application before the second respondent and the second respondent shall scrutinize the same and disburse the amount within a period of six (6) weeks from the date of receipt of a copy of this order.
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4. With the above said direction, this Writ Petition is allowed. No costs.
02.11.2022 Index :
Yes / No Internet :
Yes / No jbr To
1. The Regional Provident Fund Commissioner, Employees Provident Fund Organizatio, Regional Officer No.37, Royapettah, High Road, Chennai.
2. The Regional Provident Fund Commissioner, Sub-regional Office, Employees Provident Fund Organization, Post Box No.588, Sree Complex, D-Blick, No-18, Madurai Road, Trichy.
3. Eid Parry (INDIA) Limited, represented by its Business Head-Bio & Nutraceuticals, Having its Registered Office at Dare House, 234, N.S.C Bose Road, Parrys Corner, Chennai - 1.
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S.SRIMATHY, J jbr Order made in 02.11.2022 5/5