Muthiah .S v. The Chairman
W.P(MD)No.22693 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22693 of 2021 S.Muthiah ... Petitioner versus The Chairman, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.
... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent to sanction and allow the petitioner to withdraw a sum of Rs.3,50,000/- from and out of his own accumulation of Provident Fund contribution available to the credit of the respondent for the marriage of the petitioner's daughter within a time to be stipulated by this Court.
For Petitioner : Mr.G.M.Xavier For Respondent : Mr.J.Senthil Kumariah Standing Counsel
ORDER
This writ petition is filed for a Writ of Mandamus, directing the respondent to sanction and allow the petitioner to withdraw a sum of Rs.3,50,000/- from and out of his own accumulation of Provident Fund contribution available to the credit of the respondent, for his daughter's marriage, within a time to be stipulated by this Court.
2. The learned counsel appearing for the petitioner submits that the petitioner, who is working as Special Grade Driver in the respondent Transport Corporation, arranged marriage for his daughter and for the marriage expenses, he made an application on 15.11.2021 to the respondent Corporation to disburse a sum of Rs.3,50,000/- from his EPF Account. Though the application has been made on 15.11.2021, the same has not been considered so far. Therefore, the petitioner is before this Court.
3. Mr.J.Senthil Kumariah, learned Standing Counsel appearing for the respondent Corporation submits that as per Rule-13 of the TNSTC EPF Trust Rules, the petitioner is entitled for a sum of Rs.3,50,000/-, out of which, the respondent Corporation has already https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.22693 of 2021 paid a sum of Rs.75,000/- to the petitioner on 23.11.2021. However, the remaining amount of Rs.2,75,000/- has not been paid in view of financial crisis. He further submits that the balance amount of Rs.2,75,000/- would be paid within six weeks.
4. This Court paid its anxious consideration to the rival submissions made.
5. Admittedly, the petitioner is entitled for a sum of Rs.3,50,000/- from his EPF Account and the petitioner has made an application on 15.11.2021 for the expenses of his daughter's marriage. The respondent Corporation has paid only a sum of Rs.75,000/- to the petitioner on 23.11.2021 and the balance amount of Rs.2,75,000/- has not been paid by referring financial crisis of the Transport Corporation. The Provident Fund Contribution is the contribution provided by the Employees and it is in no way connected with the financial crisis. Therefore, this Court is not inclined to accept the contention of the respondent Corporation.
6. Accordingly, the writ petition is disposed of with a direction to the respondent Corporation to disburse the balance amount of Rs.2,75,000/- to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) ogy Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To The Chairman, Employees Provident Fund Trust, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.
+1 CC to M/s.G.M.XAVIER, Advocate ( SR-428[F] dated 05/01/2022 ) W.P(MD)No.22693 of 2021 03.01.2022 RD(24.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2