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Allahabad High Court

NAJARE ALAMversusSTATE OF U.P. AND 9 OTHERS

Decided

Holding

Since the respondent demonstrated that the EPF contributions had been deposited, no further cause of action existed, and the petition was dismissed.

Summary

The petitioner, Najare Alam, filed a public interest litigation seeking a writ of mandamus directing the Commissioner of Azamgarh Division to decide on a representation dated 9 July 2026 and to ensure deposit of Employees Provident Fund (EPF) and Employees State Insurance (ESI) contributions for outsourced employees. The respondent, represented by counsel, informed the court that EPF contributions up to July 2026 had already been deposited. The court found that, based on this admission, there was no longer any cause of action for the relief sought. Consequently, the court dismissed the PIL. The order was pronounced by Judges Siddhartha Varma and Kunal Ravi Singh.

Issues considered

  • What relief, if any, is appropriate when the respondent has already complied with the statutory deposit obligations for EPF and ESI?

Subjects

  • public interest litigation
  • writ of mandamus
  • Employees Provident Fund
  • Employees State Insurance
  • compliance
  • dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                              PUBLIC INTEREST LITIGATION (PIL) No. - 2289 of 2026

                                    Najare Alam
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 9 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Gajendra Singh
                                    Counsel for Respondent(s)          :   C.S.C., Madan Mohan Srivastava, Nayab
                                                                           Ahmad Khan

                                    Court No. - 29
                                                         HON'BLE SIDDHARTHA VARMA, J.
                                                         HON'BLE KUNAL RAVI SINGH, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for the
                                    State and Sri Gaurav Srivastava, learned counsel appearing for the
                                    respondent no. 10.

                                    2. This writ petition has been filed for the following relief:

                                    "i) Issue a writ order or direction in the nature of Mandamus commanding and
                                    directing the respondent no.2/Commissioner, Azamgarh Division, Azamgarh to take
                                    decision on representation dated 09.07.2026 and to ensure to deposit the contribution
                                    of Employees Provident Fund and Employees State Insurance of outsource employees
                                    in accordance with law."

                                    3. Sri Gaurav Srivastava, learned counsel appearing for the respondent no.
                                    10, states that the Employees Provident Fund till the month of July, 2026 has
                                    been deposited.

                                    4. In view of the statement made, no further cause of action survives.

                                    5. The instant Public Interest Litigation is, accordingly, dismissed.

                                    6. This order was passed in the presence of Sri Madan Mohan Srivastava,
                                    learned counsel for the respondent no. 8.

                                    September 23, 2026
                                    M.S. Ansari
                                                                        (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)




Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad


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