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2011 Supreme(Mad) 2255

K.CHANDRU
S. Loganathan (deceased) L. Indirani – Appellant
Versus
Assistant Commissioner, Employees Provident Fund Organisation – Respondent


Advocates Appeared:
For the Petitioner:S.T. Varadarajulu, Advocate.
For the Respondents:R1 - M.Jayaraman, R2 - K.A. Ravindran, Advocates.

Judgment :-

1. This writ petition has been filed by the original petitioner viz., S.Loganathan seeking a direction to the respondent to settle the Provident Fund amount accumulated in his account in E.P.F.No.TN/238/1058, Management of M/s.Sree Rajeswari Mills, Gudiyatham.

2. The original petitioner was, at the relevant point of time, working under the second respondent Mill. Subsequently, his service was terminated. He wanted to his Provident fund amount to be settled and he obtained certificate from the Government Labour Officer, Vellore and forwarded the application. However, the first respondent insisted that the application should be signed by the employer. The original petitioner was unable to get the signature from the Management as requested by the first respondent. Since he was unemployed for more than 4 years from the date of filing of this writ petition, as per Para 68 of Employees Provident Funds Scheme, 1952 he is entitled to withdraw the Provident Fund amount accumulated in his credit. He also sent representation dated 3.4.2006 along with indemnified bond for settlement of his Provident fund amount. Since the first respondent has not passed any order on the said represen





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