Patna High Court
Jata Shankar SinghversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the EPFO must disburse the pending PF amount to the petitioner within eight weeks.
Summary
Jata Shankar Singh filed a writ petition alleging that the Employees' Provident Fund Organisation (EPFO) failed to create his Universal Account Number (UAN) and remit his provident fund contributions due to missing KYC details. The EPFO, through its counter‑affidavit, stated that the grievance was resolved at the establishment level and that a UAN had been generated and contributions were remitted for the period 18‑08‑2012 to 31‑01‑2021. The petitioner contended that despite this, the EPFO had not disbursed the accumulated PF amount to him. The Patna High Court examined whether the EPFO was obligated under the Employees' Provident Funds Act to pay the pending amount. The Court concluded that the EPFO must honour the claim and ordered it to disburse the amount within eight weeks of receipt of the order. Consequently, the writ petition was disposed of.
Issues considered
- Whether the EPFO is liable to disburse the pending provident fund amount to the petitioner under the Employees' Provident Funds Act.
- Whether the resolution of the grievance at the establishment level bars the petitioner’s claim for payment.
Legislation cited
Subjects
- Employees' Provident Fund
- KYC
- UAN
- Writ petition
- Disbursement
- Patna High Court
- Provident fund claim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16089 of 2023
======================================================
Jata Shankar Singh Son of Late Devki Nandan Singh, Ward No. -1 Ghatoha
tol (Raspur Patasia), P.O. and P.S.-Sultan Pur, District-Samastipur.
... ... Petitioner/s
Versus
1. The Union of India through the Chairman Employees Provident Fund
Organisation, Bhavisya Nidhi Bhavan 14 Sri KajiKama Palace, New Delhi.
2. The Commissioner Employees Provident Fund Organisation, Ministry of
Labour and Employment Govt. of India 341, Bhavisya Nidhi Bhavan,
Bandra (E), Mumbai-400051.
3. The Assistant Provident Fund Commissioner, Regional Office, 341,
Bhavisya Nidhi Bhavan (E), Mumbai (Powai).
4. The Deputy Director Employees State Insurance Corporation Branch, Patna,
Panchdeep Bhavan JI Nehru Marg, Patna, Bihar.
5. The Manager (Administration and Controller) CISS Ltd., Kolkata.
6. Suraj Kumar Sah Calcutta Branch of Employeest Provident Fund
Organisation.
7. M/S Central Investigation and SEcurity Pvt. Ltd. 002/B Duplex Height
Parshurampuria, Tower No. -6 Yamuna Nagar, Near Millat Nagar Oshiwara,
Andheri East.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate.
For the Respondent/s : Mr. Additional Solicitor General.
For the EPFO : Mr. Kumar Vikram,
For the Resp. No. 4 : Mr. Sudhir Kumar Bijpuria, Advocate.
For the Resp. No. 7 : Ms. Shrishti Singh, Advocate.
Mr. Pranav Kumar, Advocate.
Mr. Saurabh Sundar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
4 07-07-2026 At Para-9 and 10 of the counter-affidavit filed by the
Respondent Nos. 1 to 4 i.e. EPFO, it is specifically stated as
under:-
Patna High Court CWJC No.16089 of 2023(4) dt.07-07-2026
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“9. That the case of the petitioner
was enquired into by the PF organization
and by letter dated 24.10.2024, under
signed by the Regional Provident Fund
Commissioner-II (Legal), Regional Office,
Mumbai (Powai) the office of Regional
Provident Fund Commissioner-II (Legal)
Regional Office, Patna has been informed
that the grievance of the petitioner has been
resolved at the Establishment level itself.
10. That from the perusal of the
above mentioned letter it became quite
clear that Establishment vide a mail dated
05.06.2023, informed EPFO that due to
lack of KYC details like Aadhar and PAN,
Establishment was unable to create
UAN/EPF No. of the petitioner and was
unable to remit the P.F. contribution of the
employee. Further they have stated that the
Establishemnt have P.F. Code at Regional
Office, Kolkata Vide No. WB/CAL/54343
and the complaint was originally filed at
Kolkata P.F. Office. The Establishment has
generated the UAN of Shri Jatashankar
Singh (Petitioner) whose UAN is
10867930519 and have remitted the P.F.
contribution form 18.08.2012 to
31.01.2021. The copy attached for reference
along with the list of month-wise remittance
of contribution having TRRN for Sr. No. 1
to 102.”
2. Having regard to the above, the present writ
petition is disposed of directing the Respondent-EPFO to
disburse the amount to the petitioner, if not already disbursed, in
accordance with the provisions of the Act. The authority shall do
the needful at the earliest preferably within a period of 8 weeks
Patna High Court CWJC No.16089 of 2023(4) dt.07-07-2026
3/3
from the date of the receipt of the copy of this order.
3. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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