BY AD v. SRI.K.RAJESH KANNAN

BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) SRI.C.K.KARUNAKARAN SC FOR (TBGARI) SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.S.SUJIN, SMT.NITA.N.S. ( SC, EPFO) SRI. SURIN GEOGE IPE (SC - MG UNIVERSITY) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.3313/2019 -:3:- J U D G M E N T The petitioner was an employee of the 3rd respondent for the period from 08-05-1998 to 12-08-2008. He was a member of the Employees Provident Fund Scheme. According to the petitioner, though he was entitled to a sum of Rs.12,32,782/- towards Provident Fund, as part of final settlement, he was paid a sum of Rs.10,53,573/- only. The petitioner has therefore approached this Court seeking the following reliefs: i.Direct the 2nd respondent to account the remittance of EPF subscription of Employee's/Employer's share of contribution by 4th respondent as per the details given in Exhibit P-3, Exhibit P-4 series and Exhibit P-10. ii.Declare that this Petitioner is entitled for settlement amount in the manner as calculated in Exhibit P-6 calculation sheet. iii. Issue a Writ of mandamus or appropriate writ or order directing the 1st respondent to treat the balance amount Rs.1,79,210/- (Rupees one lakh seventy nine thousand two hundred ten only) is lying in the Petitioner's EPF account as on the date of Exhibit P-5 settlement date was lying in the petitioner's EPF account and eligible for the same pattern of interest at the rate applicable to EPF W.P.(C) No.3313/2019 -:4:- members time to time till the payment of the same to the Petitioner is effected, iv. Issue a Writ of mandamus or appropriate writ or order directing the 1st respondent to release the payment to this Petitioner within one month, if not it would carry an additional penal interest at the rate of 12% from the date of default. v.Issue a Writ of mandamus or appropriate writ or order directing the 1st respondent to pay a cost of Rs.50,000/- (Rupees fifty thousand only) And vi. To pass appropriate Writ, order or direction which this Hon'ble Court finds necessary for the ends of justice with costs to this Petitioner.

2. A counter affidavit has been filed by the 2nd respondent, where it is stated as follows:

4. An amount of Rs.10,53,573/- (Rupees Ten lakhs fifty three thousand five hundred and seventy three only) was paid as final settlement of his Provident Fund as per Ext.P5. The petitioner's grievance is that he is entitled to get more amount than what he has been sanctioned. According to the petitioner the amounts remitted as provident fund during the period he was under deputation to the 4th respondent University has not been paid to him while settlement of his PF accounts.

5. It is submitted that when the old records were scrutinized it is seen that 5 (five) cheques mentioned in Exhibit-P10, which are the details furnished by the 4th W.P.(C) No.3313/2019 -:5:- respondent University to the 2nd respondent regarding the Provident Fund Contributions relating to the petitioner were not credited to his account at the time of his provident fund settlement.

6. It is submitted that in Exhibit-P6 calculation, the petitioner has applied remittance against each wage month. But in reality, the amount is derived as on the date the cheque has actually been realized by Employees Provident Fund Organization. It seen from the above table 3 that cheque for the wage month October-99 was credited on February-2000, Cheques for the wage months August-99 to February-2000 was credited on May-2000, Cheque for wage month March-2000 was credited on July-2000, Cheque for wage month April was credited on August-2000 and cheque for wage months May to July-2000 was credited on February-2001. Also, the contribution of the employer is apportioned to administrative charges as well as evident from table -2 & 3. Since neither the 3rd respondent nor 4th respondent had furnished the required returns for accounting the money, the petitioner was paid the amounts as shown in Ext.P5, without accounting the above remittances.

7. One of the cheques mentioned in Exhibit-P10 bearing No.125973 dated 05.11.1999 has not been received in this office. State Bank of India, Pattom Branch where the respondent is maintaining the account has also confirmed that they are not able to trace out the details of the said transaction. W.P.(C) No.3313/2019 -:6:-

8. Now after verification of the records produced by the petitioners along with writ petition, amount received as PF contribution from the 4th respondent as per table (1) above has been credited to the petitioner's Provident Fund account with applicable interest.

3. While it may not be possible for this Court to determine the amount of Provident Fund contribution to be paid to the petitioner, it is evident from the counter affidavit of the 2nd respondent that, certain amounts received to the credit of the petitioner during the time when he was on deputation with the 4th respondent -University (during the period from 01-07-1999 to 30-06-2000) were not properly credited to his account.

4. In the light of the counter affidavit filed by the 2nd respondent, this writ petition will stand disposed of directing the 2nd respondent to properly account for all the amounts received to the credit of the petitioner during the period from 01-07-1999 to 30-06-2000, as also to any other amount which has not been properly accounted in the Provident Fund account of the petitioner and to recalculate the amount to be paid to the petitioner as final settlement W.P.(C) No.3313/2019 -:7:- of Provident Fund within a period of two months from the date of receipt of a certified copy of this judgment. The petitioner shall appear before the 2nd respondent along with all the documents in support of his claim at 11.00 AM on 06-02-2024 and the matter shall thereafter be decided by the 2nd respondent as directed above. Writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE W.P.(C) No.3313/2019 -:8:- APPENDIX OF WP(C) 3313/2019 PETITIONER’S EXHIBITS EXHIBIT P1(a) A SET OF PHOTO COPIES OF SALARY SLIPS OF THE PETITIONER FOR THE SERVICE PERIOD FROM MAY 1998 OF JULY 2008, SHOWING THE DETAILS OF EPF RECOVERY MADE BY THE 3RD RESPONDENT EXHIBIT P1(b) A SET OF PHOTO COPIES OF SALARY SLIPS OF THE PETITIONER FOR THE SERVICE PERIOD FROM JULY 1999 OF JUNE 2000, SHOWING THE DETAILS OF EPF RECOVERY MADE BY THE 4TH RESPONDENT EXHIBIT P2 EXHIBIT P3 EXHIBIT P4(a) EXHIBIT P4(b) PHOTO COPY OF THE LAST PAY CERTIFICATE DATED 30.06.1999 SENT OT THE 4TH RESPONDENT BY THE 3RD RESPONDENT CONSOLIDATED STATEMENT,PREPARED BY THE PETITIONER SHOWING THE MONTH WIDE EMPLOYEE/EMPLOYER EPF CONTRIBUTION AMOUNT T THE PETITIONER'S EPF ACCOUNT,REMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DURING THE PERIOD FROM 01.07.1999 TO 30.06.2000 ALONG WITH THE DETAILS OF CHEQUES, SANCTION ORDER AND SUCH OTHER DETAILS ETC PHOTO COPY OF THE 4TH RESPONDENT'S SANCTION ORDER NO.ACCTS/IX/EPF/8 & 9/'99- 2000, DATED 26.10.1999 FOR TRANSFERRING EPF CONTRIBUTION IN RESPECT OF THE PETITIONER TO 2ND RESPONDENT FOR THE PERIOD AUGUST AND SEPTEMBER 1999 PHOTO COPY OF THE 4TH RESPONDENT'S SANCTION ORDER NO.ACCTS/IX/EPF/10/'99- 2000, DATED 16.12.1999 FOR TRANSFERRING EPF CONTRIBUTION IN RESPECT OF THE PETITIONER TO 2ND RESPONDENT FOR THE PERIOD OCTOBER 1999 W.P.(C) No.3313/2019 EXHIBIT P4(c) EXHIBIT P4(d) EXHIBIT P4(e) EXHIBIT P4(f) EXHIBIT P4(g) EXHIBIT P5 EXHIBIT P6 -:9:- PHOTO COPY OF THE 4TH RESPONDENT'S SANCTION ORDER NO.ACCTS/IX/EPF/AUGUST TO OCTOBER'99/99-2000, DATED 30.03.2000 FOR TRANSFERRING EPF CONTRIBUTION IN RESPECT OF THE PETITIONER TO 2ND RESPONDENT FOR THE PERIOD FROM AUGUST TO OCTOBER '99 PHOTO COPY OF THE 4TH RESPONDENT'S SANCTION ORDER NO.ACCTS/IX/EPF/NOV.99 TO FEB 2000/99-2000, DTAED 30-03-2000 FOR TRANSFERRING EPF CONTRIBUTION IN RESPECT OF THE PETITIONER TO 2ND RESPONDENT FOR THE PERIOD FROM MARCH 1999 TO 2000 FEBRUARY. PHOTO COPY OF THE 4TH RESPONDENT'S SANCTION ORDER NO.ACCTS/IX/EPF/MARCH 2000/2000-01, DATED 10-05-2000 FOR TRANSFERRING EPF CONTRIBUTION IN RESPECT OF THE PETITIONER TO THE 2ND RSPONDENT FOR THE PERIOD MARCH 2000 TOWARDS. PHOTO COPY OF THE 4TH RESPONDENT'S SANCTION ORDER NO.ACCTS/IX/EPF/4/2000-01, DATED 06-06-2000 FOR TRANSFERRING EPF CONTRIBUTION IN RESPECT OF THE PETITIONER TO 2ND RSPONDENT FOR THE PERIOD APRIL 2000 TOWARDS. PHOTO COPY OF THE 4TH RESPONDENT'S SANCTION ORDER NO.ACCTS/IX/EPF/5,6,7/2000- 01, DATED 23.12.2000 FOR TRANSFERRING EPF CONTRIBUTION IN RESPECT OF THE PETITIONER TO 2ND RESPONDENT FOR THE PERIOD MAY TO JULY 2000 PHOTO COPY OF THE EPF SETTLEMENT LETTER BERING NO.KR/TVM/ CASH/ 2011- 2012/104/55/1/CV/11/05/2011/13, DATED 18.05.2011 A COPY OF THE MONTH-WISE CALCULATION SHEET,PREPARED BY THE PETITIONER FOR DERIVING ACTUAL AMOUNT DUE TO THE PETITIONER FOR THE ENTIRE PERIOD FORM 08.05.1998 TO TILL DATE W.P.(C) No.3313/2019 -:10:- EXHIBIT P7(a) COPY OF THE EPFIGMS REGISTRATION ACKNOWLEDGEMENT LETTER EXHIBIT P7(b) COPY OF THE GRIEVANCES SUBMITTED BY THE PETITIONER AT EPFIGMS EXHIBIT P7(c) COPY OF THE EPFIGMS REPLY LETER EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 PHOTO COPY OF THE PETITIONER'S LETTER DATED 05.10.2013 INFORMING THAT THE 4TH RESPONDENT HAS ALREADY REMITTED THE EMPLOYEE/EMPLOYERS EPF CONTRIBUTIONS TO THE 2ND RESPONDENT PHOTO COPY OF THE PETITIONER'S REQUEST, DATED 29.10.2013 SENT OT HE 4TH RESPONDENT PHOTO COPY OF THE DETAILS OF EMPLOYEE/EMPLOYER EPF REMITTANCE INFORM 12AS (REVISED) WITH RESPECT OT HE PETITIONER, REMITTED BY THE 4GH RESPONDENT, VIDE ITS LETTER NO.AD.AIV/1/2212/2013 DATED 01.11.2013 PHOTO COPY OF THE PETITIONER'S REQUEST, DATED 20.12.2013 SEEKING MONTH WIDE CALCULATION SHEET DERIVING THE SETTLEMENT AMOUNT RS.10,53,573/- SENT TO THE 32ND RESPONDENT PHOTO COPY OF THE PETITIONER'S APPLICATION, DATED 19.01.2015 SENT OT HE CENTRAL PUBLIC INFORMATION OFFICER (CPIO) OF THE 2ND RESPONDENT PHOTO COPY OF THE YEAR WISE EPF REMITTANCE DETAILS IN RESPECT OF THE PETITIONER,PROVIDED BY CPIO OF THE 2ND RESPONDENT PHOTOCOPY OF THE DETAILS PROVIDED AS CALCULATION SHEET,BY CPIO OF THE 2ND RESPONDENT AGAINST THE SOUGHT MONTH WISE CALCULATION SHEET DERIVING THE SETTLEMENT AMOUNT RS.10,53,573/- W.P.(C) No.3313/2019 -:11:- EXHIBIT P15 PHOTO COPY OF THE DETAILS OF THE MONTHLY EPF CONTRIBUTION REMITTANCE TO PETITIONER'S EPF ACCOUNT, OBTAINED FORM 3RD RESPONDENT ON 18.02.2015, UNDER RIGHT TO INFORMATION ACT EXHIBIT P16(b) PHOTO COPY OF THE REPRESENTATION DATED 29.11.2017 SENT OT HE 2ND RESPONDENT EXHIBIT P16(a) PHOTO COPY OF THE REPRESENTATION DATED 11.11.2014 SENT OT HE 2ND RESPONDENT EXHIBIT P16(c) PHOTO COPY OF THE REPRESENTATION DATED 24.09.2018 SENT OT HE 2ND RESPONDENT EXHIBIT P17 PHOTO COPY OF THE REPLY BEARING NO.KR/TVM/4972/2650/AB4(4) 2014,DATED 02.12.2014