Allahabad High Court
Om Prakash Shukla vs Employee P.F. Orgnisation ... on 29 April, 2011
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- WRIT - A No. - 51999 of 2009 Petitioner :- Om Prakash Shukla Respondent :- Employee P.F. Orgnisation Regional Office & Another Petitioner Counsel :- Rajesh Srivastava,Prince Srivastava Respondent Counsel :- Dhananjay Awasthi,D.M.Chaudhary Hon'ble Sudhir Agarwal, J.
Grievance of petitioner is that his pension has not been fixed properly. It is also contended that petitioner approached Lok Adalat wherein also his claim has been rejected.
Be that as it may, in case there is any dispute with regard to quantum of pension, remedy lies under the provisions of Employees Provident Fund Act and, therefore, at the first instance petitioner ought to have availed such remedy. Writ petition under article 226 of the Constitution without exhausting said remedy, in my view, is not maintainable particularly when it requires investigation into disputed questions of fact.
Dismissed.
Dt. 29.4.2011 PS-51999/09