Delhi High Court - Orders
Naresh Kumar Goel vs Union Of India And Ors on 14 November, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9398/2024
NARESH KUMAR GOEL .....Petitioner
Through: Mr. Naunihal Yadav, Mr. Rajiv
Ranjan Prasad and Mr. Pritpal Singh,
Advocates (through VC).
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. N.K. Agarwal, Advocate for R-1
(through VC).
Dr. Swati Jindal, Advocate for R-2 to
R-4/EPFO.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 14.11.2025
1. This hearing has been done through hybrid mode.
2. The present petition under Article 226 of the Constitution of India, 1950, has been filed seeking the following prayers: -
"In the facts and circumstances stated above it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:
a. Issue writ, order, directions in the Nature of Mandamus directing the respondents to release/transfer the past provident fund accumulation which is lying with the respondents amounting to Rs.30,332/- along with due and updated interest@ 12% p.a. accrued till date of settlement.
b. Issue writ, order, directions in the Nature of mandamus directing the Respondents to compensate the petitioner for the hardships he had undergone through and for the mental agony faced during the period from the date of enquiry and after his retirement from the last employment.W.P.(C) 9398/2024 Page 1 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 20:50:43 c. Pass such order or further orders as this Hon'ble Court may deem fir and proper in the interest of justice."
3. The present petition has been filed by the petitioner being aggrieved by the conduct of the respondent Nos. 2 to 4 as they are not releasing the past accumulated Provident Fund contributions made by him while he was working in Apollo Tyre Ltd. during the period from 1991 to 1995. It is the case of the petitioner that in 1990 he was employed with M/s Apollo Tyres Ltd. and was allotted a PF account number DL/5595/1173 on 09.09.1991 and while working in said company he contributed a sum of Rs.30,322/- to the provident fund. Thereafter, the petitioner left the said company and joined M/s Network Limited, Delhi, on 11.07.1995 where he continued till 31.07.1996 and during said period he was allotted a provident fund account, DL/7251/3945, in which he contributed a sum of Rs.7,990/-. The petitioner after joining M/s Network Limited, transferred his PF amount with M/s Apollo Tyres Ltd. to his then employer, M/s Network Limited. The petitioner then joined M/s HCL Technologies Ltd. and requested for the transfer of his PF contributions from the account, DL/7252/3945. However, M/s Network Limited transferred only Rs.7,990/-. Hence, the present petition has been filed by the petitioner being aggrieved by the alleged non-transfer of the PF contributions made from 1991 to 1996 by him.
4. On 31.07.2024, at the first date of hearing, learned counsel for the respondent Nos.2 to 4 had appeared on advance notice and raised the issue of delay and laches. Learned counsel for the respondent Nos. 2 to 4 had further submitted that the petitioner was employee of M/s Network Limited between 11.07.1995 till 31.07.1996 and had approached this Court in 2024 and in this view of the matter, the petitioner was granted two weeks' time to file an W.P.(C) 9398/2024 Page 2 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 20:50:43 appropriate affidavit in response to the aforesaid objection raised by respondent Nos.2 to 4.
5. In pursuance thereof, the petitioner had filed an application, CM APPL. 56336/2024, seeking condonation of delay in placing on record the aforesaid affidavit. Vide order dated 25.09.2024, the aforesaid application was disposed of and the said affidavit dated 03.09.2024 explaining the delay and laches in approaching the Court was taken on record. In the said affidavit, the petitioner has explained that on account of ill health of his wife and to provide medical treatment to her, he was involved in household chores and on account of the same, he was not able to approach the Court earlier. This cannot be a ground for condoning the delay and laches. Nothing has been placed on record to show as to what restrained the petitioner from initiating appropriate proceedings in accordance with law before the appropriate forum.
6. It is the case of the petitioner that while transferring the accumulated amount from M/s Network Limited to M/s Apollo Tyres amount of Rs.30,322/- was not transferred and he got to know about this in 2015. It is also the case of the petitioner that M/s Network Limited had surrendered their exempted PF Trust along with a list of members giving required details of PF accumulations to the respondent Nos. 2 to 4 and the amount of Rs.30,322/- along with interest was transferred to the respondent Nos. 2 to 4.
7. It is submitted by learned counsel for the respondent Nos.2 to 4 that M/s Network Ltd. was an exempted Trust and they had transferred petitioner's PF accumulation to M/s HCL on 27.05.1997 and also, that M/s Network Ltd. had surrendered the exemption and no past accumulation was transferred by them to EPFO. Attention of this Court has been drawn towards a letter dated 09.01.2019 in support of this contention and it is submitted that the petitioner W.P.(C) 9398/2024 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 20:50:43 was advised to take up his grievance with the establishment directly. For the sake of completeness, the said letter sent to the petitioner on 09.01.2019 reads as under: -
8. Therefore, M/s Network Ltd. was an exempted trust at the relevant W.P.(C) 9398/2024 Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 20:50:43 point in time and they transferred the PF accumulation of the petitioner to M/s HCL on 27.05.1997 and no past accumulation was transferred by M/s Network Ltd. to EPFO in respect of PF A/C No. DL/7251/3945. It is pertinent to note that neither M/s Network Ltd., nor M/s HCL has been arrayed as party in the present petition.
9. In view of the aforesaid, the petitioner could have taken recourse to his remedies in accordance with law with the establishment directly. However, after receiving the aforesaid letter from EPFO, the petitioner approached respondent No.4, Central Provident Fund Commissioner, requesting to transfer his past PF fund and he also filed RTI raising the aforesaid issue of non-transfer of his PF contributions and being unsatisfied with the received reply to his RTI application on 27.11.2019, he filed an appeal before First Appellate Authority. The said appeal was disposed of by Appellate Authority vide order dated 27.02.2020 requesting the petitioner/appellant to get the transfer details, i.e., transferred amount, cheque details, etc., of his PF contributions form CPIO, Regional Office, Delhi.
10. In view of the aforesaid facts and circumstances, the present petition is dismissed and disposed of accordingly.
11. Pending applications, if any, also stand disposed of accordingly.
12. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J NOVEMBER 14, 2025/bsr/ns W.P.(C) 9398/2024 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 20:50:43