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2026 Supreme(Online)(Ker) 6862

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
PRAKASH A – Appellant
Versus
THE KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
WP(C) NO. 38918 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.P.JUSTINE (KARIPAT), SRI.A.JOSEPH GEORGE (AZHIKKAKATH)
For the Respondents: SRI. AKHIL SURESH, STANDING COUNSEL

The withholding of PF loans by an employer based on financial hardship is arbitrary and violates employee rights under Article 300 A.

Headnote:The petitioners, employees of the Kerala State Road Transport Corporation, alleged a delay in sanctioning PF loans necessary for meeting emergent needs, claiming it was arbitrary and unconstitutional under Article 300 A of the Constitution. The respondents argued financial difficulties hindered loan disbursement. The court directed the respondents to process and disburse the loans to eligible petitioners within three months.

Table of Content
1. employee claims for pf loan delay under constitutional rights. (Para 1 , 2)
2. employer cites financial difficulties for loan disbursement. (Para 3)
3. court mandates loan disbursement based on eligibility. (Para 4 , 5)

JUDGMENT

Dated this the 2nd day of February, 2026 The petitioners state that they are employees of the Kerala State Road Transport Corporation (KSRTC) attached to various Depots. They applied for loans from their PF credit accounts.

2. The petitioners alleged that even after lapse of long time, PF loans have not been sanctioned and disbursed to the petitioners. They have applied for PF loan to meet emergent needs. Failure of the respondents to pay the PF loan is highly arbitrary and unsustainable. It offends Article 300 A of the Constitution of India , contends the counsel for the petitioners.

3. Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel submitted that the KSRTC is facing certain financial difficulties and the PF loan application submitted by the petitioners would be considered in due course of time and amounts will be paid to the petitioners soon as per their eligibility.

4. I have heard the learned counsel for the petitioners and the learned Standing Counsel representing the respondents.

5. The petitioners are employees of the KSRTC. The PF amount to their credit are amounts deposited by the petitioners themselves. Alleging financial difficulties, it would be inappropriate for the KSRTC to withhold the said amount, which are sought by way of loan.

In the facts of the case, the writ petition is disposed of directing the respondents to disburse the PF loan applied for by the petitioners to the extent they are found eligible, within a period of three months.

Sd/-

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