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2026 DAILYLAW 28418 (CAL)

JAVED AKHTAR AND ORS v. THE REGIONAL PROVIDENT FUND COMMISSIONER I EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS

WPA/2022/2022 · 2026-07-14

Shampa Dutt Paul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.07.2026 Ct. No. 30 S.L. No. 13 SM WPA 2022 of 2022 Javed Akhtar & Ors. Versus The Regional Provident Fund Commissioner I Employees’ Provident Fund Organisation & Ors. Mr. Sk. Anwar Ali Ms. Ruma Bera ……for the petitioner Mr. Rajib Ray ……for the respondent no. 1, 2 & 4 1. The writ application has been preferred praying for direction upon the respondent authorities to release the provident fund dues of the petitioners deposited, by the respondent no. 6 to 9 partners of M/S Universal Heavy Mechanical Lifting Enterprise as (A) RNE/WB/14873/CC IV dated 3.07.2000 amounting Rs. 86,60,615/- U/S 7A for the period of 02/1996 to 08/1999. B) RRC No. RNE/WB/CAL/14873 / CC-II/236 dated 14.10.2016 of Rs. 25,50,574/- U/S 7A and Rs 50,51,112/- U/S 7Q for the period of 09/1999 to 08/2000 (Total from 02/1996 to 08/2000) which is lying pending for distribution at the Office of the provident fund Commissioner- I since 01.03.2017 and Further commanding the respondents no.1 to 5 to distribute the outstanding provident fund dues of the petitioners including all other workers on the basis of the text format CD of form 3A and 6A submitted on 13.04.2016 and to consider and dispose of the representations of the petitioners by giving 2 opportunity of hearing to the petitioners and all other workers of M/S Universal Heavy Mechanical Lifting Enterprise including the employer being the respondent no. 6 to 9 in accordance with law. 2. Learned counsel for the respondent P.F. authorities relies upon their affidavit-in-opposition and submits that though an amount of Rs. 1,62,62,301/- has been recovered by the Provident Fund Authority but no proper action for disbursement of PF accumulation to the workmen could be initiated as the establishment has not submitted soft copy in the Text Format of Form/3A(R), 6A(R) from 1997 to 2001 to the Employees Provident Fund Authority for preparation/updating annual account. However, this office continuously tried to process the Annual Account of the above mentioned period as per record available in the office, Form 3A (R), 6A(R) but fruitful result could not be achieved in the absence of appropriate soft copy or the above said returns for the concerned period. 3. Learned counsel for the petitioner submits that The EPF Accounts department demanded ECR Challan and Adhar based UAN allotment of all the workers which now seems next to impossible for them to fulfil because they are 200+ workers in the company who belong to different states and are residing there now and many amongst them have 3 expired. Hence it is not possible for them to arrange all the Adhar Cards that is required to submit the UAN allotment. 4. It appears that these computerized system (the UAN) started in the year 2014 and their company closed in the year 2000 when these ECR Challan and UAN system did not exist, and their EPF is outstanding for the year 1996-2000. 5. The petitioners now request the department to update their accounts on the basis of Form 3A and 6A and accept their offline claim forms and then release their EPF dues on manual basis as they used to get earlier on their EPF codes (WB/CAL/14837/.....) 6. On hearing the learned counsels for the parties and on perusal of the materials on record including the pleadings of the parties herein, this Court finds that admittedly the dues has been duly recovered by the respondent authorities against the respective employees’ Code maintained by the respondent authorities in respect of each of the employees against whom an amount is deposited. 7. The respondent authorities are now asking for compliance of certain formalities which prima facie is not possible for the employees to place as asked for. 8. Considering the fact that each of the employees’ account is maintained by the respondent authorities against their respective Code numbers 4 and deposit is made there and also the fact that admittedly recovery has been made in respect of specific dues, the record of which is maintained with the respondent authorities. 9. Considering that the said recovery was made in respect of dues assessed under Section 7A of the EPF Act, the respondent authorities shall take all necessary steps to ensure that the dues recovered are paid to the respective employees whose account was being maintained by the respondent authorities for the relevant period for which the dues have been already recovered under Section 7A of the EPF Act. 10. The petitioners herein shall approach the respondent authorities within 30 working days from the date of communication of this order and make necessary application along with documents, if any, in their possession and also documents of their identification which shall include their valid Aadhar Cards and make necessary prayer before the authority, who shall dispose of the same by considering also the documents maintained with the authorities office in respect of the petitioners herein. 11. The authorities concerned shall make all efforts to dispose of the said claim of the petitioner’s herein preferably within 4 months from the date of this order. 12. Writ application stands disposed of. 5 13. Applications, if any, connected thereto stand disposed of consequently. 14. Interim order, if any, stands vacated. 15. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities. [Shampa Dutt (Paul). J]