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Patna High Court

Jata Shankar SinghversusThe Union of India

Decided
Disposal
DISPOSED

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
                                           2/3




                                         “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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