Ramakanta Nayak v. Secretary,Ministry Of Labour And Employment
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9027 of 2022 Ramakanta Nayak and others ....
Petitioners Mr. A. Mohanty, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. Manoj Kumar Pati, CGC for O.P. Nos.1 to 3
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
02.05.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Mr. Manoj Kumar Pati, learned Central Government Counsel entered appearance for the Opposite Party Nos.1 to 3 and files a memo in Court today. The same is accepted and be kept on record. 2.
Heard learned counsel for the Petitioners as well as learned counsel for the Central Government. Perused the record. 3.
The present writ petition has been filed by the petitioners with the following prayers:
"In the light of the above noted facts and circumstances, the petitioner prays before this Hon'ble Court to admit this writ petition and issue rule nisi to the Opposite Party 2 to show cause as to why they should not be directed to
// 2 // release the EPF amount of the petitioners;
And if the Opposite Party 2 fails to show cause or show insufficient cause then pass a direction in the form of a writ of mandamus or any other appropriate writ to transfer EPF amount of the petitioners into their respective accounts;
And to pass such other order/orders, direction/directions as this Hon'ble Court may deem fit, proper, and equitable in the facts and circumstances of the case." 4.
It is submitted by learned counsel for the petitioners that although the petitioners have filed representations dated 05.02.2022 and 21.03.2022 under Annexure-6 series before the Regional Provident Fund Commissioner, Bhavishyanidhi Bhawan, Bhubaneswar-Opposite Party No.2, the same is still pending before the said Opposite party and the said Opposite Party has not taken any decision as of now.
5.
Learned Central Government Counsel appearing for the Opposite Parties submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time and disburse the same.
6.
Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioners, this Court disposes of the writ petition at the stage of admission with a direction to the Regional Provident Fund Commissioner, Bhavishyanidhi Bhawan, Bhubaneswar-Opposite Party No.2 to consider the representations of the petitioners dated 05.0202022 and 21.03.2022 under Annexure-6 series in accordance with law within a period of two months from the
// 3 // date of production of certified copy of this order. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order on the same and disburse the amount in their favour. Any decision taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter. 7.
With the aforesaid observation/direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu