Latha v. Regional Provident Fund Commissioner (Rpfc)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Latha ... Petitioner Vs.

1.The Regional Provident Fund Commissioner (RPFC), EPFO Regional Office, Bhavishya Nidhi Bhavan, 1, Lady Doak College Road, Chokkikulam, Madurai-625 002.

2.The Employees Provident Fund Organisation, Zonal Office, Bhavishya Nidhi Bhavan, 1, Lady Doak College Road, Chokkikulam, Madurai-625 002.

3.Padmavathi Hospital and Facilities Management Service, A2, First Floor, Sams Noah Tower, B-5, 2nd Avenue Anna Nagar, East, Near Hero Motors Showroom, Chennai-600 102.

... 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 1 to 1/5

2 herein to process the application submitted by the writ petitioner for disbursement of Employee Provident Fund relating to EPF Account Number 100069147327 of deceased employee Chinnan along with interest by considering the representation, dated 04.09.2023 submitted by the petitioner. For Petitioner : Mr.V.Uthayakumar For R-1 & R-2 : Mr.V.S.Karthi Standing Counsel

ORDER

The present writ petition has been filed by the wife of an employee, who was working in the third respondent Institution and passed away on 12.09.2017 seeking a Mandamus as against the EPF Organisation for disbursal of the benefits.

2. The learned Standing Counsel appearing for the respondents 1 and 2 brought to the notice of the Court that the concerned account number of the writ petitioner's husband is registered with the regional office of EPF Organisation at Ambatoor. Unless the third respondent Institution forwards the claim form, they will not be in a position to consider the same. Hence, the present writ petition.

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3. In view of the above said facts, this Court is inclined to pass the following order:

"(i) The petitioner is directed to approach the third respondent, who is the employer for preparing the claim form with all particulars. (ii) On such submission of particulars by the writ petitioner, the third respondent employer is directed to forward the said claim form to EPFO Regional Office at Ambatoor within a period of four (4) weeks from the date of submission of particulars by the writ petitioner."

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

07.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Regional Provident Fund Commissioner (RPFC), EPFO Regional Office, Bhavishya Nidhi Bhavan, 1, Lady Doak College Road, Chokkikulam, Madurai-625 002.

2.The Employees Provident Fund Organisation, Zonal Office, Bhavishya Nidhi Bhavan, 1, Lady Doak College Road, Chokkikulam, Madurai-625 002.

3.Padmavathi Hospital and Facilities Management Service, A2, First Floor, Sams Noah Tower, B-5, 2nd Avenue Anna Nagar, East, Near Hero Motors Showroom, Chennai-600 102.

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R.VIJAYAKUMAR, J.

BTR 07.12.2023 5/5