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2025 DAILYLAW 202429 (ALL)

TUHIN HAZRA v. U.O.I. THRU. SECY. MINISTRY OF LABOUR AND EMPLOYMENT NEW DELHI AND 7 OTHERS

WRIA/11891/2025 · 2025-10-28

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11891 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Mr. Gyanendra Singh Sikarwar, learned counsel for the petitioner, Sri K.K. Pandey, learned counsel for the respondent nos. 4, 5 & 8 and Sri Avdhesh Shukla, learned counsel for the respondent nos. 2, 3, 6 & 7. No one is present for the Union of India. Present petition has been filed seeking following main reliefs:- "1. To issue a Writ, order or direction in the nature of mandamus commanding Respondents to reconcile records between Lucknow and Kanpur offices and release the remaining PF dues of Rs. 5, 37,822 and amount of 4,80,103/-(Employers Share illegally deducted from petitioner's account) with applicable interest @ 18%; 2. To direct the respondents to decide the representations dated 05.05.2025 to the opposite party No. 4, 5 & 8 and the representation dated 20.08.2025 to opposite party No. 4. & representation dated 12.05.2025 along-with reminder dated 07.06.2025 to the opposite party No. 2 & representation dated 27.10.2024 and reminder dated 01.07.2024 to the Opposite party No. 2. as contained in Annexure No. 18, 20 & 21 to the Writ Petition by means of speaking and reasoned orders within stipulated time and release the amount with interest as per law." The grievance agitated before this Court is that the Provident Fund of the Versus Counsel for Petitioner(s) : Gyanendra Singh Sikarwar, Kuldeep Singh Sikarwar, Surendra Kumar Dixit Counsel for Respondent(s) : A.S.G.I., Akhilesh Pratap Singh, Avdhesh Shukla, Krishna Kumar Pandey Tuhin Hazra .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of Labour And Employment New Delhi And 7 Others .....Respondent(s) petitioner has not been paid. Mr. K.K. Pandey, learned counsel appearing for the respondent nos. 4, 5 & 8 has placed instructions dated 22.10.2025 and submitted that the provident fund has been paid to the petitioner, vide Cheque No.316275 dated 14.10.2025. On the other hand, learned counsel for the petitioner submits that actual payment of the Provident fund has not been made and, therefore, he may be given opportunity to make objection before the authority concerned. Considering the submission of the learned counsel for the parties, it is apparent that the Provident Fund amounting Rs.9,98,649/- has been paid to the petitioner, vide Cheque No.316275, of State Bank of India, dated 14.10.2025 and the grievance, which is still to be considered, is that actual payment of Provident Fund has not been made to the petitioner. In view of the aforesaid, without entering into merits of the case, the petitioner is given liberty to raise his grievance with regard to actual payment of Provident Fund, if any, before the respondent no.4, i.e., the Regional Provident Fund Commissioner, Employees' Provident Fund Organization, Regional Officer Bhavishya Nidhi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow, within a period of 15 days, and if such claim is raised, the respondent no.4 is directed to consider and decide the same in accordance with law, within further period of two months, from the date of production of certified copy of this order before him. It is also provided that the calculation made of the provident fund and the calculation sheet, if any, shall be given to the petitioner, in the meantime. With the aforesaid observations, the writ petition is disposed of. October 28, 2025 Ram Murti WRIA No. 11891 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench