O R D E R:

Petitioner states that he was a contributory member under the Employees' Provident Fund Organization under the 1st Respondent. It is stated, at the relevant point of time, the 3rd Respondent company - M/s Pennar Industries Limited bearing EPF Code No. AP/PTC/6330, was an exempted establishment having its own Provident Fund Trust duly approved by the Provident Fund Authorities, ie. the 4th Respondent. Petitioner states that his provident fund contributions along with the employer's contributions, were accumulated and maintained in the account of the 4th Respondent Trust.

1.1. Petitioner is stated to have resigned from his position as Chairman and Director of the 3rd Respondent company in 2023 consequent to his ill health. Subsequent thereto, he was appointed as Chairman Emeritus of the 3rd Respondent company. Since then, he has been continuously pursuing Respondents 3 and 4 for settlement of his provident fund accounts and release of the amounts lawfully due to him. It is stated, by letter dated 20.04.2023 addressed to the 3rd Respondent, he requested payment of his provident fund dues lying in accumulation with the Trust. After considerable persuasion, the 4th Respondent Trust passed the resolution dated 20.07.2023 resolving to release Rs. 2,50,00,000/- towards his provident fund contributions. According to Petitioner, balance amount of Rs. 70,00,000/- was to be realized from and out of bonds of Yes Bank Limited which were lying frozen pursuant to directives issued by the Reserve Bank of India and orders passed by the Hon'ble Supreme Court of India. In view of his ill health, petitioner is stated to have agreed to abide by the said condition and accept phased payment. Petitioner further states that he is informed that Respondents 3 and 4 communicated the said resolution to the EPFO authorities and that the authorities accepted the same and did not raise any objection at that point of time.

1.2. By letter dated 21.07.2023, a sum of Rs. 2,50,33,598/- being part of the EPF contributions was remitted to petitioner’s account, which he duly acknowledged. The said amount represents both his contribution and the contribution made by the 3rd Respondent company, and that he is admittedly entitled to the same. The balance of Rs. 70,00,000/- in Yes Bank bonds is yet to be released to him and that he continues to await the same. Petitioner contends that while matters stood thus, he was shocked to receive the impugned notice dated 17.02.2025 issued by the 2nd Respondent directing to remit Rs. 2,50,33,598/- together with interest at 12% per annum within seven days to the 1st Respondent. The ostensible reason assigned in the notice is that the 4th Respondent Trust had surrendered exemption to the Provident Fund Authorities and that the remittance made to him was not in compliance with the provisions of the EPF Act and the Scheme framed thereunder.

1.3. Petitioner states that the amount received by him is towards his own EPF contributions and is justly and lawfully due to him as an employee and member of the Fund. Neither the 1st nor the 2nd Respondent has any lien, charge or right over the said amount and that they have no manner of authority to demand return or refund of the same. In fact, he is entitled to a further amount of Rs. 70,00,000/- which is presently blocked in deposits with M/s Yes Bank Limited due to freezing by statutory authorities. The said amount ought also to have been remitted to him by the 4th Respondent but for his agreeing to receive the same after de-freezing of the bonds. This concession was made by him in view of his past position as Chairman of the company, which he resigned in 2023, and with a view not to inconvenience the Trust or the company. Petitioner contends that Respondents are now seeking to take undue advantage of this situation by demanding refund of amounts which are admittedly due and payable to him and have been paid only in part.

1.4. It is stated, no notice whatsoever was issued to him by