Somnath Haldar v. Employees Provident Fund Organization And ORS.
16.05.2025 Item No. 02 Ct. No. 30 WPA 9997 of 2025 AN Somnath Haldar vs.
Employees' Provident Fund Organisation & ors. Mr. Rahul Karmakar Mr. Tuhin Subhra Patra Mr. Dipraj Chakraborty ... for the petitioner Mr. Bhaskar Dutta Gupta ... for the respondents The present writ application has been preferred praying for direction upon the respondent authorities to complete the verification process within May 15, 2025 and ensure that the petitioner obtains due access to his account being UAN Account No. 101666887222.
Learned counsel appearing for the respondent submits that the matter is under process and is pending before the authority at Visakhapatnam. On the other hand, learned counsel appearing for the petitioner has placed his appointment letter (at page 24 of the writ application) wherein it appears that the petitioner has been asked to join his new assignment on or before 20.05.2025.
It appears from the materials on record that a valid UAN Account number is required, to ensure his smooth joining in the new assignment.
Vide order dated 25.02.2025, the Regional Provident Fund Commissioner, Visakhapatnam had informed the Additional Central Provident Fund Commissioner at
Vijaywada, about the freezing and defreezing of UAN's in respect of employees of M/s. Omics International Private Limited, GRVSP/2289771-Reg which includes the petitioner's UAN number.
The said authority stated to the authority at Visakhapatnam that reasons for freezing was not clarified by the Head Office. A request was made to take up the matter with Head Office to provide the reasons for freezing of these accounts and parameters to be checked based on which the UANs can be unblocked.
It is submitted that till date no verification process has been undertaken and the accounts still remain freezed/disabled.
To substantiate the argument, supplementary affidavit has been filed.
The petitioner has filed a copy of the standard operating procedure regarding freezing/ defreezing of such accounts, wherein it appears that the said SOP provides for a time bound methodology for such verification and process and as per Clause 5.4 the said duration of freezing should not exceed 30 days from the date of freezing. Clause 5.4 reads as follows:
"5.4. Duration of the freezing i. Normally, the duration of the freeze should not exceed 30 days from the date of freezing, except in the cases where there is a confirmation of the fraud."
In the present case, there is no such information with the learned counsel appearing for the respondent provident fund authorities as to whether there is any prima facie case of fraud. It also appears that till date no reasons for freezing the said accounts have been provided. Considering the said facts and the materials on record and in the interest of justice, it is directed that the authority concerned being the Additional Central Provident Fund Commissioner, Visakhapatnam and the Regional Provident Fund Commissioner, Visakhapatnam are directed to defreeze/unblock and ensure that the petitioner Somnath Halder obtains due access to his account being UAN Account No. 101666887222 with immediate effect.
It is clarified that in case any fraud on due verification is detected in future, the authorities concerned shall be at liberty to proceed in accordance with law. With the above observations and directions, WPA 9997 of 2025 stands disposed of.
The petitioner is at liberty to communicate the server copy of this order.
There will be no order as to costs.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Shampa Dutt (Paul), J.)