Petitioner sought provident fund and Employees' Pension Scheme dues for employment from 1991 to 1999. EPFO stated the provident fund was paid in June 2018 and that no contributions were made towards the pension scheme by her or the employer. Finding no case for relief, the Court closed the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945
WP(C) NO. 10227 OF 2019
PETITIONER:
SHEEBA SILVIA JOHN AGED 55 YEARS W/O. JOHN VICTOR EUSTACE, 10/1004 EUSTANCE NEST, S.S. KRISHNAN ROAD, AMARAVATHY, KOCHI-682001.
BY ADVS. ARAVIND AJITH AMRIN FATHIMA
RESPONDENTS:
BY ADV SRI.S.PRASANTH, SC, EMPLOYEES PROVIDENT FUND ORGANIZATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.)NO.10227 OF 2019
2
JUDGMENT
Dated this the 02nd day of February, 2024
The petitioner has approached this Court, alleging
that the amounts, to which she is entitled from the Employees’ Provident Fund and the Employees’ Pension Scheme, 1995 under the Employees’ Provident Funds and Miscellaneous Act, 1952, have not paid to her. It is the case of the petitioner that, she was employed with the 3rd respondent for the period from 1991 to 1999.
W.P.(C.)NO.10227 OF 2019
3
Pension Scheme, is concerned, it is submitted that there has been no contribution made to the Pension Scheme by the 3rd respondent and therefore, the petitioner is not entitled to any amount towards pension from the Employees’ Pension Scheme. It is also submitted that the 3rd respondent is a closed establishment and there is gross delay and latches on the part of the petitioner, and this Writ Petition is filed in the year 2019, in respect of amounts allegedly due to the petitioner on account of her employment with the 3rd respondent between 1991-1999.
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W.P.(C.)NO.10227 OF 2019
1 and 2 that, the amount of Provident Fund has already been paid to the petitioner. Insofar as the claim of the petitioner for Pension, in Form-10C is concerned, it is the definite case of respondents 1 and 2 that, no contribution has been made either by the petitioner or by the 3rd respondent towards the Pension Scheme. In that view of the matter, and considering the fact that the amount of Provident Fund has already been paid, no further orders can be issued in this Writ Petition.
The Writ Petition is accordingly closed.
Sd/-
GOPINATH P.
JUDGE
NB/2-2
W.P.(C.)NO.10227 OF 2019
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APPENDIX OF WP(C) 10227/2019
| PETITIONER EXHIBITS | |
|---|---|
| EXHIBIT P1 | A TRUE COPY OF THE APPOINTMENT LETTER DATED 31.12.1990 ISSUED BY THE 3RD RESPONDENT COMPANY TO THE PETITIONER. |
| EXHIBIT P2 | A TRUE COPY OF THE MEMBERSHIP FORM OF THE PETITIONER SUBMITTED TO THE 3RD RESPONDENT. |
| EXHIBIT P3 | A TRUE COPY OF THE DECLARATION AND NOMINATION FORM (FORM 2) SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. |
| EXHIBIT P4 | A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR RELEASING THE EMPLOYEES PROVIDENT FUND STANDING TO HER CREDIT EXCLUDING THE COVERING LETTER. |
| EXHIBIT P5 | A TRUE COPY OF THE REPLY LETTER DATED 11.05.2018 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT. |
| EXHIBIT P6 | A TRUE COPY OF THE COVERING LETTER DATED 10.08.2019 SUBMITTED BY THE PETITIONER TO THE OFFICE OF 2ND RESPONDENT ALONG WITH THE FRESH APPLICATION, EXCLUDING THE APPLICATION FORM. |
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
2 issues framed by the court
Whether the petitioner was entitled to unpaid provident fund and pension amounts for employment from 1991 to 1999 despite EPFO's claim that PF was already paid and no pension contributions were made.
Whether the writ petition filed in 2019 was barred by delay and laches.
2 provisions across 2 enactments
SHEEBA SILVIA JOHN
THE CENTRAL PROVIDENT FUND COMMISSIONER EPFO HEAD OFFICE
THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION
THE CHAIRMAN, PERTECH COMPUTER LIMITED
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
