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2021 Supreme(Del) 571

PRATHIBA M. SINGH
Alok Kumar Agarwal – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Himanshu Gupta, Advocate
For the Respondent:Ms. Nidhi Bagga, Mr. Avnish Singh, Advocate with Ms. Pushplata Singh, Advocate

JUDGMENT :

Prathiba M. Singh, J.

1. The present petition has been filed by the Petitioner challenging the refusal by the EPF Authorities to pay interest for the period from 01st December 2017 to 28th December, 2018, on the total withdrawn EPF amount of Rs. 1,41,62,650/-, upon his retirement. The denial to pay interest was on the ground that the Petitioner’s EPF Account has become an Inoperative Account in terms of Para. 72(6) of the Employees’ Provident Fund Scheme, 1952 (hereinafter “EPF Scheme, 1952”), w.e.f. December 2017. As per the Respondent Authorities, interest is not liable to be paid on the said Inoperative Account, in view of the bar contained in Para 60(6) of the EPF Scheme, 1952. Hence, the Petitioner has preferred the present petition seeking payment of interest on the ground that the provisions of Paragraph 72(6) of the EPF Scheme, 1952, are not attracted to the facts of the present case. Accordingly, interest is sought at 8.55% per annum, or in the alternative, at the bank rate, for the amount which was lying with the Respondent Authorities between 01st December 2017 to 28th December 2018.

2. The brief facts are that the Petitioner, Mr. Alok Kumar Agarwal, had joined t

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