Rakesh Pillai Vs. Regional Provident Fund Commissioner - Court Judgment

SooperKanoon Citationsooperkanoon.com/1012842
CourtKerala High Court
Decided OnFeb-01-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantRakesh Pillai
RespondentRegional Provident Fund Commissioner
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh friday, the 1st day of february 2013 12th magha 193 wp(c).no. 3784 of 2011 (w) -------------------------- petitioner(s): -------------------------- rakesh pillai,aged 3 years, s/o.p.n.pankajakshan pillai,residing at 'rail view', old st.augustine road,ernakulam north,cochin 68 018. by advs.sri.t.c.govinda swamy sri.g.shyam raj smt.kala t.gopi respondent(s): -------------------------- 1. regional provident fund commissioner, employees'provident fund organisation, regioinal office,bhavishyanidhi bhavan,3-4-763, barkatpura,hyderabad ”027. 2. m/s.mahindra sathyam computer services ltd,.plot no.22-25 and 2.to 37.high tech city,madhapur,hyderabad 50 081.3. bank of india,shanmugham road branch, ernakulam ,represented by its branch manager, ernakulam 68 301. r1 by adv.smt.t.n.girija, sc,epf organisation r3 by advs. sri.devan ramachandran sri.k.m.aneesh sri.santhosh kumar this writ petition (civil) having been finally heard on 01-02-2013, the court on the same day delivered the following: kss wpc.no.3784/2011 w appendix petitioner's exhibits: p1: copy of form no.19 dtd. 11/10/2005 as well as the affidavit submitted by the petitioner. p2: copy of the communication dtd. 4/2/2010, 29/12/2009 issued from the office of the 1st respondent. p3: copy of the lawyer notice sent by registered post acknowledgment due on 5/03/2010. p4: copy of the lawyer notice served on 7/05/2010 on the first respondent by registered post. p5: copy of the complaint filed before the post master, high court post office, on 28/02/2012. p6: copy of the letter bearing no.682100-17073 dtd. 13/03/2012 issued from the post office. respondent's exhibits: n i l /true copy/ p.a.to judge kss v. chitambaresh, j -------------------------------- wp(c) no. 3784 of 201.------------------------------------ dated this the 1st day of february, 2013 judgment the only prayer urged at the time of hearing is for release of the provident fund contribution made by the petitioner while in the services of the second respondent. the petitioner claims to have forwarded ext.p1 series of documents to the first respondent and routed through the second respondent. this is followed by ext.p4 lawyer notice to the first respondent and the petitioner laments that there is no response.2. i direct the first respondent to consider ext.p1 application filed for release of provident fund contribution after notice to the petitioner and the second respondent. the petitioner shall be afforded an opportunity to cure the defects, if any, in ext.p1 application submitted for the purpose. the entire exercise shall be completed within a period of two months from the date of receipt of a copy of this judgment. the writ petition is disposed of. v. chitambaresh judge ncd
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 1ST DAY OF FEBRUARY 2013 12TH MAGHA 193 WP(C).No. 3784 of 2011 (W) -------------------------- PETITIONER(S): -------------------------- RAKESH PILLAI,AGED 3 YEARS, S/O.P.N.PANKAJAKSHAN PILLAI,RESIDING AT 'RAIL VIEW', OLD ST.AUGUSTINE ROAD,ERNAKULAM NORTH,COCHIN 68 018. BY ADVS.SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ SMT.KALA T.GOPI RESPONDENT(S): -------------------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES'PROVIDENT FUND ORGANISATION, REGIOINAL OFFICE,BHAVISHYANIDHI BHAVAN,3-4-763, BARKATPURA,HYDERABAD ”

027.

2. M/S.MAHINDRA SATHYAM COMPUTER SERVICES LTD,.PLOT NO.22-25 AND 2.TO 37.HIGH TECH CITY,MADHAPUR,HYDERABAD 50 081.

3. BANK OF INDIA,SHANMUGHAM ROAD BRANCH, ERNAKULAM ,REPRESENTED BY ITS BRANCH MANAGER, ERNAKULAM 68 301. R1 BY ADV.SMT.T.N.GIRIJA, SC,EPF ORGANISATION R3 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3784/2011 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF FORM NO.19 DTD. 11/10/2005 AS WELL AS THE AFFIDAVIT SUBMITTED BY THE PETITIONER. P2: COPY OF THE COMMUNICATION DTD. 4/2/2010, 29/12/2009 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. P3: COPY OF THE LAWYER NOTICE SENT BY REGISTERED POST ACKNOWLEDGMENT DUE ON 5/03/2010. P4: COPY OF THE LAWYER NOTICE SERVED ON 7/05/2010 ON THE FIRST RESPONDENT BY REGISTERED POST. P5: COPY OF THE COMPLAINT FILED BEFORE THE POST MASTER, HIGH COURT POST OFFICE, ON 28/02/2012. P6: COPY OF THE LETTER BEARING NO.682100-17073 DTD. 13/03/2012 ISSUED FROM THE POST OFFICE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V. CHITAMBARESH, J -------------------------------- WP(C) NO. 3784 OF 201.------------------------------------ Dated this the 1st day of February, 2013 JUDGMENT The only prayer urged at the time of hearing is for release of the provident fund contribution made by the petitioner while in the services of the second respondent. The petitioner claims to have forwarded Ext.P1 series of documents to the first respondent and routed through the second respondent. This is followed by Ext.P4 lawyer notice to the first respondent and the petitioner laments that there is no response.

2. I direct the first respondent to consider Ext.P1 application filed for release of provident fund contribution after notice to the petitioner and the second respondent. The petitioner shall be afforded an opportunity to cure the defects, if any, in Ext.P1 application submitted for the purpose. The entire exercise shall be completed within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE ncd