Nikolas Karagiannidis Vs Union of India & Ors. — Writ and Judicial Review | Delhi HC (2025)

Nikolas Karagiannidis Vs Union of India & Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Direction to Regional P.F. Commissioner (Gr. I), Regional Office, Mumbai (Powai), 341, Bhavishya Nidhi Bhawan, Bandra (East), Mumbai to dispose of the petitioner's representation dated 03.04.2025 within three weeks with due intimation to the petitioner; pending applications disposed.

Issue for consideration

Whether the impugned Rejection Order dated 20.11.2024 passed by Respondent No. 4/Assistant P.F. Commissioner, Bandra (East), Mumbai rejecting the petitioner's PF advance claim should be quashed. +2 more

Ratio / Principle

This Court disposed of the petition with direction to the Regional P.F. Commissioner (Gr. I), Regional Office, Mumbai (Powai), 341, Bhavishya Nidhi Bhawan, Bandra (East), Mumbai to dispose of the petitioner's representation dated 03.04.2025 within a period of three weeks with due intimation to the petitioner. The merits of the rejection order and the claimed release of funds were not adjudicated.

Key takeaways

Pending application(s), if any, also stand disposed of.ratio¶29

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J; order dated 13.11.2025) disposed of W.P.(C) 17205/2025 filed by Nikolas Karagiannidis under Article 226 of the Constitution of India. The petitioner, formerly Construction Manager (Level: CN4) with Turner Project Management India Pvt. Ltd. (October 2014 - March 2024), had applied on 22.08.2024 for partial withdrawal of PF advance invoking para 69 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (Grievance Registration no. BANIV/E/2024/42049); the claim was rejected on 20.11.2024 by the Assistant P.F. Commissioner, Bandra (East), Mumbai with reason stated as 'Not Eligible Member Account Already Closed', and a representation dated 03.04.2025 to the Regional P.F. Commissioner (Gr. I) went unanswered. The Court did not adjudicate the merits of the rejection or the prayer for release of Rs. 1,46,56,450/- from the petitioner's PF account; it directed the Regional P.F. Commissioner (Gr. I), Regional Office, Mumbai (Powai) to dispose of the representation dated 03.04.2025 within three weeks with due intimation, and disposed of pending applications.

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IN THEHIGHCOURTOF DELHIATNEW DELHI

- W.P.(C) 17205/2025

NIKOLAS KARAGIANNIDIS .....Petitioner

Through: Mr. Shivank Pratap Singh, Ms. Priya Singh & Mr. Samyak Jain, Advs.

versus

UNION OF INDIA & ORS. .....Respondents Through: Ms. Shubhra Parashar, SPc with Ms. Nasreen Khatoon, Advds. For UOI.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 13.11.2025

This hearing has been done through hybrid mode.

The present petition under Article 226 of the Constitution of India

seeks the following prayers: -

“a. Quash the impugned Rejection Order dated 20.11.2024 passed by the Respondent No. 4/Assistant P.F. Commissioner, Bandra (East), Mumbai; and/or

b. Issue writ of mandamus or any other appropriate writ against the Respondents directing for release of Rs. 1,46,56,450/- (Rupees One Crore Forty-Six Lacs Fifty-Six Thousand Four Hundred and Fifty Rupees Only) as on 31.03.2025 lying in the provident fund account of the Petitioner at the earliest; and/or

c. Issue writ of mandamus or any other appropriate writ against the Respondent No. 4 directing to decide the Petitioner’s representation dated 03.04.2025; and d. Any such order / further order(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.”

Learned counsel appearing on behalf of the petitioner submits that the

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/11/2025 at 13:18:43

latter had worked for Turner Project Management India Pvt. Ltd. at the position of Construction Manager (Level: CN4) from October, 2014 till March, 2024. It is submitted that the petitioner was working in India for about 10 years and after completing his tenure, he re-located to Abu Dhabi, UAE. The petitioner on account of leaving his Indian employer from March, 2024 and non-receipt of wages for more than 2 months, applied for partial withdrawal of PF advance on 22.08.2024, in terms of para 69 of Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and the scheme formulated thereunder. On 22.08.2024, the petitioner submitted a claim with EPFO bearing Grievance Registration no. BANIV/E/2024/42049 for advance of provident fund at UAN e-seva portal on account of non-receipt of wages for more than 2 months.

On 20.11.2024, the petitioner’s claim was rejected by respondent no.4/Assistant P.F. Commissioner for the reasons stated “Not EligibleMember Account Already Closed.”

Aggrieved with the aforesaid order, the petitioner sent a representation dated 03.04.2025 to respondent no.3, i.e. , Regional P.F. Commissioner (Gr. I), however, no response had been received from the said respondent.

In view of the submissions made above, this Court deems it appropriate to dispose of this petition with direction to Regional P.F. Commissioner (Gr. I), Regional Office, Mumbai (Powai), 341, Bhavishya Nidhi Bhawan, Bandra (East), Mumbai to dispose of the representation dated 03.04.2025 of the petitioner within a period of three weeks with due intimation to the latter.

The petition is disposed of in the aforesaid terms.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/11/2025 at 13:18:43

Pending application(s), if any, also stands disposed of.

Order be communicated to Regional P.F. Commissioner (Gr. I), Regional Office, Mumbai (Powai), 341, Bhavishya Nidhi Bhawan, Bandra (East), Mumbai, for necessary information and compliance.

AMIT SHARMA, J

NOVEMBER 13, 2025/ nk/db

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/11/2025 at 13:18:43