The High Court · 2025
Case Details
circumstances stated in the affidavit filed therewith, the High Court may bd pleased to issue a writ, direction, or more particularly in the nature of Writ of [,4andamus or declaring the action of the Respondent No. 1 in issuing an impugned order with a Grievance lD APHYD/E/2024118815 dt. 1810612024 passed on 2510612024 and an impugned order with in Grievance lD APHYD/E120251O8720 dt.o4lo3l2o25 passed on 1010312025 rejecting the Petitioner's claim for transfer of his Provident Fund dues to his new employer as illegal, arbitrary, and contrary to the Employees' Provident Funds Act, 1952, the Employees Provident Funds Scheme, 1952 and Article 14 and Article 3004 of the Constitution of lndia, 1950 and consequentially direct the transfer of his PF Account, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the cir umstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to suspend the impugned Order with a Grievance lD APF'DlEl2024l1BB15 dt. 18t0O12024 passed on 2510612024 and an impugned order vith in Grievance lD APHYD|E|2025|0B72O dt.O4lo3l2025 passed on 10lO il2o25 issued by Respondent No. 1. Counsel for the Petitioner: Ms. MANINI BHARATI, REPRESiI .NTING SRI BOKARAO LOKESHWAR RET DY Counsel for the Respondent No.1: SRI S. SURENDER REDI Y, S.C. FOR EPFO Counsel for the Respondent No.2: - The Court made the following: ORDER IN THE HIGH COURT FOR TTIE STATE OF TELANGANA AT TTYDERABAD THE HONOURABLE SRI JUSTICE N,qGESH BHEEMAPAKA u/RIT PETITION No.14584 of 2o25 o4.L2.2025 Between: Adil Murtaza ...Petitioner AND The Regional P. F.Commissioner, I{yderabad, Bhavishyanidhi Bhau,an, No.3-4-763, Barkatpura Chaman, Llyderabad and another ORDER: ...Respondents The petitioner chalienges the orders dated 25.06.2024 and
10.03.2025 passed by Respondent No.1 rejecting his pF transfer claims under Form- 1 3. He seeks a direction tc transfer his pF accumulations from his previous employer, Karvy Stock Broking Limited, to his present employer. I
2. Heard Ms.Manini Bharati, learned counsel representing Mr.Bokarao Lokeshwar Reddy, learned counsel for the petitioner and Sri S.Surender Reddy, iearned Standing Ccunsel tbr EpFO. perused the record. -4,.- 2
3. The case of the petitioner is that petitioner ,r as appointed as Deputy General Manager of respondent No.2-Cor Lpany, u,hich is registered under the, Employees' Provident Fund ar i Miscellaneous Provisions Act, 1952 (for short "the Act"). It is furth :r stated that he worked there from 23.05.2016 to 13.08.2021. It s further stated that his PF contributions were deducted every mc'l th but were not deposited by the emplover. Although PF amoun -' were deducted from his salary, the employer allegedly failed to leposit both its own and the employee's contributions. After resi5l: ,ing and moving for new employment, the petitioner sought to lransfer his PF account and filed an online Transfer Claim Fo : n (Form 13) on
18.06.2024 ar,d the same \\ras rejected on 25.O6.i(
24. Further, the petitioner Iiled another grievance on 04.O3.2025 zr Ld the same was rejected on 1O.03.2025. Aggneved by the same, h: filed the present writ petition.
4. Learned counsel for the petitioner further I ubmits that the issue involved in this writ petition is squarely cor" red by the order dated 22.08.2024 passed by this Court in W.P'll' .32058 of 2023, wherein it was held that an employee cannot be r enied transfer of PF accumulation merelv because the previous e a ployer defaulted 3 in remitting contributions. It is submitted that a similar order may be passed even in this case.
5. When the. matter was taken up for hearing, learned Standing Counsel for trPFO, for respondent No.1 placed on record instructions dated 05.12.2025 issued by the Assistant P.F.Commissioner(Legal), Employees provident Fund Organization, wherein it is stated that Form 13 was transferred to BG/BNG/1645396111300 for an amount of Rs. 11,98, 11tl_ on
05.12.2025 duly taking date of exit as 30.06.2021 ( as per employer mail dated O5.l2 .2025 , a copy enclosed) and informed to the petitioner through main on 05.12.2025. I I
6. Considering the submissions made ald in view of the instructions placed on record by the learned Standing Counsel for EPF O stating that the petitioner's F orm- 13 has already been processed and the Provident Fund amount of Rs. 11,99, 111/_ has been transferred to BG/BNG/1645396/11300 on 05. 12.2025, and, the same has been duly communicated to the petitioner on 05.72.2025, it appears that the grievalce of the petitioner stands redressed. 7 Accordingly, the u,rit pbtition is disposed of, recording the fact that the Provident Fund transfer has been completed. However, it is 4 open to the petitioner to work out his remedies irL accordance with law if any further grievance persists. No order as tl costs Miscellaneous petitions, if any, pending in his writ petition shail stand closed. I SD/.A.H. ;. GOWRI SHANKAR RAR ASS IS //TRUE COPYII To '1 . The Regional P.F. Commissioner, Hyderabad, Bhavi ;' 3-4-7 63, Barkatpura Chaman, Hyderabad -500027 e\noru oFFrcER anidhi Bhawan, No
2. One CC to SRI BOKARAO LOKESHWAR REDDY, Adv )cate [OPUC] 3. One CCto SRI S. SURENDER REDDY, S C for EPFC) OPUCI 4. Two CD Copies \ MP E \ a I HIGH COURT DATIiD:08/1212025 (l)\t \. ,, ). I (,,r:t 31tEt i., , ,-\'t \- 'i\ \.-.-'=i' i'i' 1fi ORDER WP.No.14584 of 2025 DISPOSING OF THE I/J RIT PETITION " WIT {OUT COSTS I b & "(