Kerala High Court
M/S. Sfo Technologies Pvt. Limited vs Union Of India on 27 June, 2023
Author: C.S.Dias
Bench: C.S.Dias
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WP(C) No.20899 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 20899 OF 2023
PETITIONER/S:
M/S. SFO TECHNOLOGIES PVT. LIMITED,
PLOT NO. 2,COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD,
COCHIN - 682037. REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE.,
BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
ALEX JOHN PULIMOOD
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND
EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEWDELHI, PIN -
110001
2 EMPLOYEES PROVIDENT FUND ORGANISATION,
REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER,
BHAVISHYA NIDHIBHAVAN, 14,BHIKAJI CAMA PALACE, NEW
DELHI, PIN - 110066
3 REGIONAL PROVIDENT FUND COMMISSIONER,
THE EMPLOYEES PROVIDENT FUND ORGANISATION, KALOOR,
KOCHI, PIN - 682017
SRI.S.MANU, DSGI - R1
Sri Sajeev Kumar K Gopal-R2 AND R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.20899 of 2023
C.S DIAS,J.
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WP(C) No.20899 of 2023
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Dated this the 27th day of June, 2023 .
JUDGMENT
The writ petition is filed, inter alia, to direct the respondents 2 and 3 to consider and dispose of Ext P3 representation submitted by the petitioner.
2. The petitioner is a Software Company and its employees are covered by Employees Provident Fund and Miscellaneous Provisions Act, 1952 ( in short 'Act') and the schemes formulated thereunder. The petitioner's employees have continued in service subsequent to 1.9.2014 and are entitled to the benefit of judgment of the Hon'ble Supreme Court in EPFO & Anr. Etc. vs. Sunil Kumar.B & Ors [ AIR 2022 SC 5634] . The grievance of the petitioner is that the cut off date for submitting the joint option form is only till 26.6.2023. The petitioner requires at least a further period of 3 WP(C) No.20899 of 2023 six months to upload the wage details of its employees on the online portal of the respondents 2 and 3, for processing the joint option executed by the petitioner and its employees as instructed in Ext P1 circular. Nearly six hundred employees of the petitioner have preferred joint option as evidenced by Ext P2 list. Seven other companies have merged with the petitioner. Hence the petitioner has sent Ext P3 email to the third respondent to transfer the employees of the seven companies to the petitioner's company. But, due to delay on the part of the third respondent in processing Ext P3 request, the petitioner is unable to upload the data of its employees as directed by the respondents 2 and 3. The petitioner was able to upload the data of only six of its employees till date. The petitioner needs further time to complete the uploading process of all its employees. Hence, the writ petition.
3. Heard; Sri.R.Sanjith, the learned counsel appearing for the petitioner, Sri.S.Manu, the learned Deputy Solicitor 4 WP(C) No.20899 of 2023 General of India appearing for the first respondent and Sri.Sajeev Kumar K.Gopal, the learned Standing Counsel appearing for the respondents 2 and 3.
4. Today, when the writ petition was taken up for consideration, Sri.Sajeev Kumar K.Gopal handed over a communication issued by the third respondent dated 27.6.2023, inter alia, stating that the Ministry of Labour and Employment has issued a press release extending the time for submitting application for validation of option/joint option for pension on higher wages in respect of eligible pensioners/members till 11.7.2023 and the employers till 30.9.2023. Therefore, acording to the learned Standing Counsel, the principal grievance of the petitioner stands redressed.
5. Sri.R.Sanjith submitted that as Ext P3 representation is pending consideration with the third respondent, the petitioner would be satisfied if the third respondent is directed 5 WP(C) No.20899 of 2023 to consider and dispose of Ext P3 representation, expeditiously, after affording the petitioner an opportunity of being heard.
6. Having considered the pleadings and materials on record and the rival submissions made across the bar, I am of the definite view that a quietus can be given to the writ petition by directing the third respondent to consider and dispose of Ext P3 representation.
Resultantly, I order the writ petition as follows:
(i) The third respondent is directed to consider and dispose of Ext P3 representation, in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of the judgment, after affording the petitioner an opportunity of being heard.
SD/-
sks/27.6.2023 C.S.DIAS, JUDGE 6 WP(C) No.20899 of 2023 APPENDIX OF WP(C) 20899/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR BEARING NO
PENSION/2022/56259/16541 DATED 20/02/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE LIST OF EMPLOYEES WHO HAVE EXERCISED OPTION Exhibit P3 TRUE COPY OF THE EMAIL DATED 17/03/2023 ISSUED BY THE PETITIONER TO RESPONDENT NO.
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