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Patna High Court

Prabha Shankar Dubey vs The Union Of India on 23 November, 2022

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10005 of 2022
     ======================================================
     Prabha Shankar Dubey Son of Late Chandrashekhar Dubey Resident of illage
     and Post-Thatra, P.S.-Mirzamurad, District-Varanasi (Uttar Pradesh PIN-
     221307

                                                              ... ... Petitioner/s
                                      Versus
1.   The Union of India through the Secretary, Ministry of Labour, Government
     of India, New Delhi.
2.   The Employees Provident Fund Organlzation through the Regional
     Provident Fund Commissioner, R-Block, Road No.G, Bihar, Patna.
3.   The Regional Provident Fund Commissioner-1, Employees Provident Fund
     Organlzation, R-Block, Road No.6, Bihar, Patna.
4.   The Assistant Provident Fund Commissioner, (Coordination), Employees
     Provident Fund Organlzation, R-Block, Road No.6, Bihar, Patna.
5.   The Regional Commissioner, Employees Provident Fund Organlzation, Sub
     Regional Office, Adam Pur Chowk, Bhagalpur-812001

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Satish Kumar Sinha, Advocate
     For the Respondent/s   :      Mr.Additional Solicitor General
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
     ORAL JUDGMENT
      Date : 23-11-2022
                   In the instant petition, petitioner has prayed the

     following relief:-

                                    "1. That this is an application for
                        issuance of an appropriate writ(s), or Order (s)
                        and/or direction or directions,
                                    A. To direct the respondents to pay the
                        entire provident fund dues of the petitioner at
                        once without any further delay.
                                    B. To direct the respondents to pay the
                        entire provident fund dues of the Petitioner with
                        statutory and penal interest when it became dues
                        till the date of payment.
                                    C. The cost of litigation and the cost of
                        harassment caused to the petitioner be also
                        directed to be paid.
              Patna High Court CWJC No.10005 of 2022 dt.23-11-2022
                                                        2/2




                                                  D. In any view of the matter, the
                                        Respondent (s) be directed to dispose of the
                                        representation of the petitioner lastly filed on
                                        14.04.2021

within the stipulated time.

E. To pass such other order/orders or direction/directions as may deem fit and proper to secure the ends of justice."

The aforesaid prayer is not maintainable for the reasons that petitioner is not processing EPF Account Number, in the absence of EPF Account Number there can't be direction from this Court for payment of any Provident Fund dues which is stated to be due to the petitioner, therefore, the petitioner has not made out a case.

Accordingly, present petition stands dismissed. Reserving liberty to the petitioner to approach concerned authority in seeking Account Number. In the event of receipt of any Account Number then he is required to file necessary representation to the concerned authority in respect of the relief sought in the present petition.

(P. B. Bajanthri, J) abhishekkr/-

AFR/NAFR
CAV DATE
Uploading Date          28.11.2022
Transmission Date