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Calcutta High Court · body

2026 DAILYLAW 50037 (CAL)

SOMENATH DATTA v. UNION OF INDIA AND ORS.

WPA/28511/2026 · 2026-10-08

Shampa Dutt Paul

body2026

Judgment text

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1 1 08.10.2026 Item No.9 Court No. 30 Aloke WPA 28511 of 2026 Somenath Datta -vs- Union of India & Ors. Mr. Uddipan Banerjee Mr. Subhrakanti Samanta … for the petitioner Mr. Lakshman Chandra Halder … for the respondent no. 3 Mr. Anjan Chakraborty Ms. Avantika Chakraborty … for the respondent no. 2 Mr. Subrata Roy Mr.Rahul sarkar … for the UOI 1. Affidavit-of-service filed be kept with the record. 2. The writ application has been preferred praying for direction upon the respondent/P.F. Authorities to note the date of death of the deceased late Sonali Banerjee as per the portal of the EPF Organization. 3. Learned counsel appearing for the R.P.F. Authority submits that a joint declaration is required from the employer and employee. 4. Learned counsel appearing for the establishment on placing a copy from the portal of EPF organization submits that on the EPF portal the date of exit has been shown as 15th May, 2021 by the employer, whereas it is submitted by the petitioner that the employee died on 16.05.2021. The death certificate in support has been annexed to the writ application. 2 2 5. It is submitted by the petitioner that in case it is shown by the employer that the date of exit is 15th May, 2021 instead of recording the actual date of death, then the petitioner’s claim will fail. It is submitted that the employer has wrongly noted the date of exit as 15th May, 2021 in spite of showing the reason for exit as death in service. 6. It is stated that as the death occurred on 16.05.2021 the date of exit is to be recorded as 16.05.2021. 7. Learned counsel for the EPF authority has placed documents and has submitted that the said forms have to be submitted jointly by the employer and the employee and the necessary corrections can be made. A copy of the form be handed over to the petitioner. 8. The writ application is accordingly disposed of with the direction that the employer/respondent no. 3 shall take all necessary steps for rectification of the date of exit from 15.05.2021 to 16.05.2021 and all formalities shall be completed by the employer and employee with the assistance of the EPF authorities. The process be completed within 60 days from the date of this order. 9. The writ application stands disposed of. 10. Connected application, if any, stands disposed of. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Shampa Dutt (Paul), J.)