Sanjay Kumar Das v. Employees Provident Fund Organisations Throu. Regional Provident Fund Commissioner And ORS

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18065 OF 2024 Sanjoy Kumar Das .. Petitioner

Versus

Employees Provident Fund Organization Regional Office, Vashi and Ors.

.. Respondents ....................

 Ms. Samiksha Kanani a/w. Ms. Gayatri Naik, Advocates for Petitioner.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 12, 2025 P.C.

:

1.

Mentioned. Not on Board. Taken on Board.

2.

Perused the praecipe dated 12.08.2025 and copy of Writ Petition.

3.

Heard Ms. Kanani, learned Advocate for Petitioner. 4.

Petitioner before me is retired person. Petition was listed before this Court yesterday i.e. 11.08.2025 but did not reach hearing. Now it is adjourned to November - 2025. Praecipe is filed today by learned Advocate for Petitioner stating that grievance in the Petition is such that non-hearing of Petition would cause immense hardship to the Petitioner who is entirely dependent on post-retirement sustenance that he would get in respect of his Provident Fund dues. 5.

Ms. Kanani, learned Advocate appears for the Petitioner.

She would submit that admittedly, Petitioner has worked from the years 1980 to 2015. She would submit that for the period for the years between 1980 and 1998 and from the years 2012 to 2018, the dues rather Provident Fund dues payable to Petitioner have not been settled due to non-operation of his account.

6.

Ms. Kanani informs the Court that dues of Petitioner for the period from the years 1998 to 2012 have been settled by Respondents without providing any statement of account to him but by way of addressing administrative letters to the Petitioner the Respondents are now asking the Petitioner to refund the entire amount with interest which is impermissible in law. She would also submit that Respondent has claimed interest from the year 2018 onwards. 7.

Considering the above facts, Petition will have to be heard for final hearing immediately. The praecipe states that pleadings are completed and Ms. Kanani informs that Rejoinder is also filed. Respondents namely Respondent No.1 is directed to depute a responsible pleader to appear in the present Writ Petition. 8.

Respondents shall be forthwith informed by Advocate for Petitioner and a copy of this order shall be served on Respondent by Ms. Kanani to intimate them about the next date of hearing of present Writ Petition.

9.

Writ Petition shall be heard on 26th August, 2025. To be listed on the 'Supplementary Board'.

10.

Praecipe is disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2025.08.12 16:12:25 +0530 HARSHADA HANUMANT SAWANT