Pensioners association's General Secretary sought a factual report and measures against EPFO officials after a retired member's suicide over unprocessed EPF refund claims. The court held the petitioner named no erring official and had no connection with the deceased, who was not a pensioner, and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 7772 OF 2024
PETITIONER:
D. MOHANAN
AGED 71 YEARS, S/O. DIVAKARAN,
GENERAL SECRETARY, PROVIDENT FUND PENSIONERS
ASSOCIATION, STATE COMMITTEE, REG. NO. 97/99,
MAVOOR ROAD, KOZHIKODE DISTRICT,
PIN – 673 661.
BY ADVS.
S.KRISHNA MOORTHY(ERNAKULAM)
V.KRISHNAN KUTTY
BALAGOPALAN B.
PRABHAKARAN MARAR K.V.
RESPONDENTS:
1UNION OF INDIA
MINISTRY OF LABOUR
REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT OF INDIA,
CENTRAL SECRETARIAT. NEW DELHI.,
PIN – 110 001.
2 EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY THE CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION HEAD OFFICE, MINISTRY OF LABOUR&EMPLOYMENT (UNION OF INDIA ), BHAVISHYANIDHI BHAWAN, 1, BHIKAJICAMA PLACE, NEW DELHI, PIN – 110 066.3 ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM ,TRIVANDRUM., PIN – 695 004.W. P.(C) No.7772 of 2024
: 2 :
4 REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, KALOOR.P.O., KOCHI., PIN – 682 017.*5 ADDL. R5 THE COMMISSIONER OF POLICE KOCHI CITY, PARK VIEW, MARINE DRIVE, ERNAKULAM, KERALA, PIN-682 011.*6 ADDNL.R6 THE STATION HOUSE OFFICER ERNAKULAM TOWN NORTH POLICE STATION, CHITTOOR RD, OPP. SIB BANK, KACHERIPADY, KOCHI, ERNAKULAM,KERALA, PIN-682 018.[ADDL.RESPONDENTS 5 AND 6 ARE SUO MOTU IMPLEADED
AS PER ORDER DATED 07.06.2024 IN WP(C)
7772/2024]
BY ADV
SAJEEV KUMAR K.GOPAL, FOR R2 TO R4
T.C.KRISHAN, SENIOR CENTRAL GOVERNMENT
COUNSEL
SHEEJA C.S, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P.(C) No.7772 of 2024
: 3 :
JUDGMENT
Dated this the 17th day of July , 2024
The petitioner states that he is General Secretary of Provident Fund Pensioners Association. He is aggrieved by the lethargic and complacent attitude of Employee's Provident Fund Organisation towards the members and pensioners, who are deprived of their due EPF benefits.
W. P.(C) No.7772 of 2024
: 4 :
of the officials in settling his claim. The loss of life of the member was caused with the deliberate negligence on the part of the officials of the EPFO Regional Office, Kochi.
W. P.(C) No.7772 of 2024
: 5 :
employee. In such circumstances, the petitioner cannot seek to take action against the alleged erring officials, without giving
any names and without pointing out the errors committed by them.
For the afore reasons, the writ petition is dismissed.
Sd/-
N. NAGARESH
JUDGE
AMR
W. P.(C) No.7772 of 2024
: 6 :
APPENDIX OF WP(C) 7772/2024
PETITIONER’S EXHIBITS
Exhibit P1TRUE COPIES OF THE SUICIDE NEWS THAT
APPEARED IN THE NEWS PAPERS DAILY.
RESPONDENTS’ EXHIBITS
Exhibit-R2(a)TRUE COPY OF THE ACKNOWLEDGEMENT
REGARDING THE RECEIPT OF PETITION
NO.4625/2024 ISSUED BY THE ERNAKULAN
TOWN NORTH POLICE STATION DATED
06.02.2024.
Exhibit-R2(b)TRUE COPY OF THE NEWS ITEM APPEARED IN
VEEKSHANAM DAILY DATED 28.02.2024 IN
ITS KOCHI EDITION.
Exhibit-R2(c)TRUE COPY OF THE NEWS ITEM APPEARED IN
MATHRUBHUMI DAILY DATED 29.02.2024 IN
ITS KOCHI EDITION.
Exhibit-R2(d)TRUE COPY OF THE NEWS ITEM APPEARED IN
MALAYALAMANORAMADAILYDATED
28.02.2024 IN ITS KOCHI EDITION.
1 issue framed by the court
Can a pensioners' association seek action against unnamed EPFO officials for negligence and redress for a member's suicide through an Article 226 writ petition?
1 provisions across 1 enactments
D. MOHANAN
UNION OF INDIA, MINISTRY OF LABOUR
EMPLOYEES PROVIDENT FUND ORGANIZATION (CENTRAL PROVIDENT FUND COMMISSIONER)
ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER ZONAL OFFICE, TRIVANDRUM
REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court