Ram Prabesh Thakur v. Regional Provident Fund Commissioner Epfo Sro Barrackpore (Titagarh) And ORS.

01.09.2025 Item No.22 BR WPA 15049 of 2025 Ram Prabesh Thakur -vsRegional Provident Fund Commissioner, EPFO SRO Barrackpore (Titagarh) and Ors.

Mr.R.Guha Thakurata, Ms. S.Singh ... for the petitioner Mr. Rajib Ray ... for the respondent no. 1 Mr. S. K. Singh, Mr. R.K.Dubey, Mr. S.R.Singh ... for the respondent no. 3 Mr. Shiv Chandra Prasad ... for the P.F.authority 1.

The writ application has been preferred praying for direction upon the respondent no. 1 being the Regional Provident Fund Commissioner to direct the issuance of appropriate PF slip and release of the petitioner's legal and rightful Provident Fund accumulations and interests thereupon in terms the Act, 1952 and scheme framed thereunder in accordance with

the law within a specified time frame.

2.

The EPF authorities have filed their report in the form of affidavit and stated therein that the respondent authority has initiated process to recover the balance dues. It is further stated in the report that:

"From the assessment of past accumulation, Rs.

21,30,99,612/- has been determined on 19.07.2012 for non-transfer of PA to the erstwhile BOT as shown in the audited balance sheet for the year 2010-2011 and attachment notices u/s 8F to various bank have been issued for non-payment of past accumulations dues for Rs.

21,30,99,612/- and is taking initiative to kiquidate the outstanding dues in various ways u/s 8B to 8G of the provisions of EPF and MP Act, 1952 and also rent payable to Jai Jute Industries Ltd. by the present management namely M/s.Gajmukh Vinimay Pvt. Ltd.

has been attached by the EPFO

and the establishment is depositing the same every month regularly".

3.

It is finally submitted by the respondent authority that they will disburse the remaining amount as soon as the Majority shareholders of the company i.e. respondent no. 2 is made a party to the case to recover the outstanding dues as they are the real owners of the establishment Jai Jute Industries.

4.

It is submitted by the learned counsel for the petitioner that since 2012 no action is being taken by the respondent authorities.

5.

Considering the said conduct of the respondent authoritries and the report filed in the form of affidavit, the writ application is disposed of with the direction that the respondent no.

1/RPF authority shall take all necessary steps to disburse the amount transferred by the company to the RPF authority in favour of the workmen on

pro rata basis, on compliance of all formalities by the petitioner/workman as required by the authority concerned.

6.

The petitioner is directed to approach the RPF authority and comply with all the formalities to receive their proportionate dues. It is further directed that the petitioner shall be at liberty to pray for further relief by making an appropriate application before the authority concerned as and when further sum is transferred to the RPF authority by the company.

7.

Writ application stands disposed of.

8.

Connected application, if any, stands disposed of.

9.

Interim order, if any, stands vacated.

10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

( Shampa Dutt (Paul), J. )