P.Pattinathar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.20952 of 2018 & W.M.P.(MD)No.13275 of 2020 P.Pattinathar

...Petitioner

vs.

1.The Commissioner, E.P.F. Organisation Regional Office, 1, Lady Doak College Road, Bhavishya Nidhi Bavan, Chokkikulam, Madurai - 625 002.

2.The Secretary, D.D.515, Kosavapatti, Primary Agricultural Co-operative Credit Society, Prosavapatti Post, Vedasanthur Taluk, Dindigul District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the representation of the petitioner dated 05.07.2018.

For Petitioner :

Mr.B.Vinoth Balan For Respondents :

Mr.A.John Xavier for R1 No appearance for R2

O R D E R

This writ petition is filed by the petitioner to direct the respondents to consider his representation dated 05.07.2018 requesting for enhancement of compensation amount.

2. The learned counsel appearing for the petitioner would submit that the issue raised in this writ petition is covered by the decision of the Apex Court in S.L.P.Nos.10013 to 10014 of 2016 and the subsequent decision of the Apex Court in Civil Appeal Nos.008143 - 008144 of 2022 (Arising out of S.L.P(C)Nos.8658-8659 of 2019 in the case of, the Employees Provident Fund Organization and another etc., v. Sunil Kumar B. & Ors. Etc.,) dated 04.11.2022, wherein the Apex Court has issued certain directions. In view of the same, the petitioner may be granted liberty to make a fresh representation in line with the directions issued by the Apex Court, within a period of two weeks and the same

may be directed to be considered, on merits and in accordance with law, within a specified period.

3. The learned Government Advocate appearing for the first respondent has no serious objection for such an order being passed by this Court.

4. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, grants liberty to the petitioner to make a fresh representation to the first respondent, within a period of two weeks from the date of receipt of a copy of this order and if any such representation is received, the first respondent is directed to consider the same and pass appropriate orders in terms of the decision made in S.L.P(C)Nos.8658-8659 of 2019, dated 04.11.2022, within a period of four weeks from the date of the representation given by the petitioner.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 11.12.2024 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Commissioner, E.P.F. Organisation Regional Office, 1, Lady Doak College Road, Bhavishya Nidhi Bavan, Chokkikulam, Madurai - 625 002.

KRISHNAN RAMASAMY , J.

mbi 11.12.2024