Disposed

M.M.Alias v. the Provident Fund Commissioner

Kerala HC13 Jan 2023WP(C)/729/2023

Case brief

AI extract

What is this about?

Retired employees filed a writ petition challenging the non-consideration of their EPF interests in accordance with the scheme. The Court disposed of the petition by directing the Provident Fund Commissioner to decide the representations within 45 days.

What did the court decide?

Direction to the First Respondent to take a call on the representation and decide the same in accordance with law within 45 days.

M.M.Alias Vs the Provident Fund Commissioner — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL

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FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 729 OF 2023

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PETITIONER/S:

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1 M.M.ALIAS AGED 59 YEARS S / OMATHAI , MANAMMEL THOTTATHIL OORAMANA P.O ,MUVATTUPUZHA, PIN - 686663

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2 E.R. VIJAYAKUMAR AGED 60 YEARS S/ O RAGHAVANPILLAI, EDATHIL, NEELANPEROOR PO, KURICHY, KOTTAYAM, PIN - 686534 3 BABY A. T AGED 60 YEARS S/O THOMAS A.P.,ELLIL HOUSE , PERUMBALLOOR P.O.NEAR ID FIX VILLAS, MUVATTUPUZHA , PIN - 686673 BY ADVS. AYSHA YOUSEFF MOLLY JACOB JOBI.A.THAMPI M.KABANI DINESH C.M.EBRAHIM SHOUKATH HUSAIN

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RESPONDENT/S:

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1 THE PROVIDENT FUND COMMISSIONER REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHANIDHI BHAVAN , PATTOM , THIRUVANANTHAPURAM, PIN - 695001 2 KERALA TOURISM DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, MASCAT SQUARE, VIKAS BHAVAN.P.O. THIRUVANANTHAPURAM-, PIN – 695033 R1 SMT NITA N.S R2 SRI THOUFEEK KHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 729 OF 2023

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JUDGMENT

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Petitioners are retired employees of 2^nd respondent Kerala Tourism Development Corporation and are aggrieved of the non consideration of the employers and the employees interest, which is not in accordance with the scheme. In support of the contentions, copy of the passbooks have been relied. For rectification of the alleged anomaly, a representation much less notices have been sent by the lawyers Exts.P6 to P9.

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Learned counsel for the petitioners submitted that the petitioners would be satisfied in case the writ petition is disposed of with a direction to the competent authority to decide the representation, in accordance with law.

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Learned counsel for the respondents submitted that the authority would not be averse in taking a call on the representation, in accordance with law.

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Without expressing any opinion on the merits of the matter, I dispose of the writ petition with a direction to the first respondent to take a call on the representation and decide the same in accordance with law, within a period of 45 (forty five) days from the date of receipt of a certified copy of this judgment.

SD/-

sab

AMIT RAWAL

JUDGE

WP(C) NO. 729 OF 2023

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APPENDIX OF WP(C) 729/2023

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PETITIONER EXHIBITS Exhibit P1	THE COPY OF THE RELEVANT PAGE OF THE EPF PASSBOOK OF THE LET PETITIONER FOR THE FINANCIAL YEAR 2009 -2010
Exhibit P1(a)	TRUE COPY OF THE RELEVANT PAGE OF THE EPF PASSBOOK OF THEIST PETITIONER FOR THE FINANCIAL YEAR 2010- 2011
Exhibit P2	TRUE COPY OF THE RECEIPT RECEIVED BY 1ST PETITIONER , DATED 31.12.2021 FROM 1ST RESPONDENT.
Exhibit P3	TRUE COPY OF THE LAWYER NOTICE DATED 2-7-2022 ISSUED TO 1ST RESPONDENT BY 1ST PETITIONER
Exhibit P4	TRUE COPY OF THE RELEVANT PAGES OF THE EPF PASSBOOK OF 2ND PETITIONER UPDATED UP TO 31.3.2009
Exhibit P4(a)	TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK OF 2ND PETITIONER UPDATED UP TO 31.3.2010
Exhibit P5	TRUE COPY OF THE INTIMATION RECEIVED BY 2ND PETITIONER ON RECEIPT OF HIS COMPLAINT DATED 11/ 1/.2022 TO 1ST RESPONDENT.
Exhibit P6	TRUE COPY OF THE NOTICE DATED 4.7.2022 ISSUED TO 1ST RESPONDENT BY 2ND PETITIONER
Exhibit P7	TRUE COPY OF THE RELEVANT PAGE OF THE EPF PASS BOOK OF THE 3RD PETITIONER FOR THE FINANCIAL YEAR 2009-2010
Exhibit P7(a)	TRUE COPY OF THE RELEVANT PAGE OF THE EPF PASS BOOK OF THE 3RD PETITIONER FOR THE FINANCIAL YEAR 2010-2011
Exhibit P8	TRUE COPY OF THE INTIMATION RECEIVED BY 3RD PETITIONER ON RECEIPT OF HIS COMPLAINT DATED 30/ 1/2022 TO IST RESPONDENT
Exhibit P9	TRUE COPY OF THE LAWYER NOTICE SENT BY THE 3RD PETITIONER TO THE 1ST RESPONDENT

M.M.Alias v. the Provident Fund Commissioner

Case brief

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M.M.Alias v. the Provident Fund Commissioner

Case brief

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