Subburaj. K v. The Tamil Nadu State Transport Corporation (Madurai) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.Subburaj ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director and Chairman / Managing Trustee of The Tamil Nadu State Transport Corporation (Madurai) Limited, Employees Provident Fund Trust, Bye Pass Road, Madurai-625 016.

2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai-625 016.

3.The Deputy Manager (Provident Fund), The Tamil Nadu State Transport Corporation (Madurai) Limited, Employees Provident Fund Trust, Bye-Pass Road, Madurai-625 016.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 1/4

permit the petitioner to withdraw 90% of his total PF accumulation available in his PF Account No.8833 on the file of first respondent Trust within the time limit fixed by this Court so as to enable him to meet out marriage expenses of his daughter which was already held on 20.10.2023. For Petitioner : Mr.A.Rahul For R-1 & R-2 : Mr.S.Sivabalaji Standing Counsel

ORDER

The present writ petition has been filed by a Conductor of the respondent Transport Corporation seeking a Mandamus, directing the respondent authorities to permit him to withdraw 90% of his PF contribution relying upon Clause 13 (1) (j) of the PF Trust Rules. To the said effect, the petitioner has given a representation on 06.11.2023 to all the official respondents. However, so far the said request has not been considered. Hence, the present writ petition.

2. Considering the fact that the petitioner has undergone huge expenses towards his daughter's marriage, which was held on 20.10.2023 and he is about to retire in September 2024, the first respondent herein is directed to pass orders permitting the petitioner to withdraw 90% of his PF Contribution, within a period of four (4) weeks from the date of receipt of a copy of this order. 2/4

3. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.

15.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director and Chairman / Managing Trustee of The Tamil Nadu State Transport Corporation (Madurai) Limited, The Tamil Nadu State Transport Corporation (Madurai) Limited, Employees Provident Fund Trust, Bye Pass Road, Madurai-625 016.

2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai-625 016.

3.The Deputy Manager (Provident Fund), The Tamil Nadu State Transport Corporation (Madurai) Limited, Employees Provident Fund Trust, Bye-Pass Road, Madurai-625 016.

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R.VIJAYAKUMAR, J.

BTR 15.11.2023 4/4