Patna High Court
Sunil Lyall And Ors vs The Union Of India And Ors on 10 April, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1655 of 2017
In
Civil Writ Jurisdiction Case No.21702 of 2014
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1. Sunil Lyall, Husband, Son of I.R. Lyall
2. Shalin Lyall Son, Son of Sunil Lyall, Both resident of Flat No. 88/102,
Pushpanjali Apartment, Budha Colony, Patna- 800001.
3. Sreela Lall Daughter, Wife of Deepu Stephan Lall, Resident of Sector 4/D,
Qr. No. 2116, Bokaro Steel City, State of Jharkhand- 827004.
... ... Appellant/s
Versus
1. The Union Of India, Ministry of Labour and Employment, Government of
India, New Delhi through its Secretary.
2. The Central P.F. Commissioner, Employees Provident Fund Organisation,
Head Office Bhawishya Nidhi B
3. Employees Provident Fund Organisation, Regional Office Bhawishya Nidhi
Bhawan, R-Block, Road No. 6,
4. The Regional Provident Fund Commissioner, Employees Provident Fund
organisation, Regional Office Bh
5. The Assistant Provident Fund Commissioner, Employees Provident Fund
Organisation, Regional Office B
6. Baptist Church Trust Association, Head Office, 19E, Raj Niwas Marg,
Delhi-110054 through Secretary
7. M/s Angus Girls School and Women's Training College, Lodipur, Budha
Marg, Patna through its Secreta
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Sinha, Advocate
Ms. Dilkash Khan, Advocate
Ms. Minu Kumari, Advocate
For the Respondent/EPFO: Mr. Prashant Sinha, Advocate
For UOI : Mr. Tuhin Shankar, CGC
Mr. Uma Shankar Verma, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 10-04-2023 Patna High Court L.P.A No.1655 of 2017 dt.10-04-2023 2/3 Heard learned counsels for the respective parties.
2. In the instant L.P.A., appellants have assailed the order dated 16.10.2017 passed in C.W.J.C. No. 21702 of 2014. Deceased Mrs. Sarla Veena Lyall retired as a Principal, Angus Girls School and Women's Training College, Lodipur, Budha Marg, Patna and she claimed that she is entitled to EPF and other ancillary reliefs. The learned Single Judge has rejected the claim of the deceased employee on the score that she had not submitted her contribution towards EPF so also management of the College have not deducted the EPF contribution of both deceased employee and employer, and did not remit the same before the EPF authorities. In the absence of any material information, the claim of the deceased employee by her legal heirs is without substance. The same has been taken note of by the learned Single Judge while rejecting C.W.J.C. No. 21702 of 2014.
3. Learned counsel for the appellants submitted that Annexure - 1 and Annexure - 10 suffice that certain correspondence was in vogue. Merely there were certain correspondence, does not enure any right to the deceased employee or to her legal heirs so as to claim EPF and ancillary benefits. In the light of these facts and circumstances, appellants have not made out case so as to interfere with the learned Single Patna High Court L.P.A No.1655 of 2017 dt.10-04-2023 3/3 Judge order dated 16.10.2017 passed in C.W.J.C. No. 21702 of 2014.
4. Accordingly, present L.P.A. stands dismissed.
(P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./-
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