J.Ahilandam Vs The Regional Provident Fund Commissioner

1.The Regional Provident Fund Commissioner, Employees Provident Fund Organization, (Ministry of Labour and Employment), Regional Office - P. B No. 588, Sree Complex, “D” Block, No.18, Madurai Road, Tiruchirapalli- 620 008.

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2.The Assistant Provident Fund Commissioner, Employees’ Provident Fund Organization, (Ministry of Labour and Employment), Regional Office - P. B No. 588, Sree Complex, “D” Block, No.18, Madurai Road, Tiruchirapalli- 620 008.

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3.The Official Liquidator, Office of the Official Liquidator, High Court, Madras - 600 104 as the Liquidator of M/s. Sree Uma Parameswari Mills Ltd., (In Liquidation)

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https://www.mhc.tn.gov.in/judis

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4.M/s.Phoenix Arc Private Limited, Phoenix ARF Scheme-3, Fifth Floor, Dani Corporate Park, 158, C.S.T. Road, Kalina, Santa Cruz (East), Mumbai - 400 098, represented by its Authorized Signatory. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the First and Second Respondents herein to disburse and credit the Provident Fund dues deducted from the wages of the Petitioner for the period June 1999 to March 2007 along with statutory interest, within the time frame fixed by this Court.

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For Petitioner :Mr.L.Swaminathan For R1 and R2 :Mr.I.Pinaygash *****

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O R D E R

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In the present Writ Petition, the petitioner seeks issuance of a Writ of Mandamus directing respondents 1 and 2 to disburse and credit the Provident Fund dues deducted from the wages of the petitioner for the period from June 1999 to March 2007, along with statutory interest.

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2.The petitioner was a workman under the fourth respondent Company, which is presently under liquidation, and the third respondent

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is the Official Liquidator. The petitioner claims that Provident Fund contributions were deducted from his wages by the fourth respondent Company and were required to be credited to the Provident Fund account. However, respondents 1 and 2 have not, till date, disbursed the Provident Fund dues along with statutory interest to the petitioner.

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3.Mr. I. Pinaygash, learned Standing Counsel, who accepts notice on behalf of respondents 1 and 2, on instructions, placed on record the communication dated 04.03.2026 issued by the first respondent, informing that the third respondent is required to furnish the monthly wage details of all employees in the text format of the Electronic Challan Return (ECR). He further submitted that once the third respondent furnishes the said information, the claim of the petitioner will be considered as expeditiously as possible.

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4.The said submission is taken on record.

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In view of the same, the Writ Petition stands disposed of with a direction to the third respondent to remit the amount deducted from the petitioner for the period from June 1999 to March 2007, along with statutory interest towards Provident Fund, if not already remitted, to the first respondent, along with the monthly wage details of all employees in the text format of the Electronic Challan Return (ECR), within a period of four weeks from the date of receipt of a copy of this order. Upon receipt of the said amount and the required details, the first respondent shall disburse the Provident Fund amount due to the petitioner for the period from June 1999 to March 2007, along with statutory interest, within a period of six weeks thereafter.

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Index :Yes / No 05.03.2026 Internet :Yes / No (7/20) NCC :Yes / No cmr To

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The Official Liquidator, Office of the Official Liquidator, High Court, Madras - 600 104 as the Liquidator of M/s. Sree Uma Parameswari Mills Ltd., (In Liquidation)

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HEMANT CHANDANGOUDAR, J.

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cmr

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