M/S. Sfo Technologies Pvt. ... vs Union Of India
2023 Latest Caselaw 7350 Ker

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WP(C) No.20899 of 2023


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
      TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                         WP(C) NO. 20899 OF 2023
PETITIONER/S:

             M/S. SFO TECHNOLOGIES PVT. LIMITED,
             PLOT NO. 2,COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD,
             COCHIN - 682037. REPRESENTED BY ITS AUTHORIZED
             REPRESENTATIVE.,

             BY ADVS.
             R.SANJITH
             C.S.SINDHU KRISHNAH
             ALEX JOHN PULIMOOD


RESPONDENT/S:

     1       UNION OF INDIA,
             REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND
             EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEWDELHI, PIN -
             110001

     2       EMPLOYEES PROVIDENT FUND ORGANISATION,
             REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER,
             BHAVISHYA NIDHIBHAVAN, 14,BHIKAJI CAMA PALACE, NEW
             DELHI, PIN - 110066

     3       REGIONAL PROVIDENT FUND COMMISSIONER,
             THE EMPLOYEES PROVIDENT FUND ORGANISATION, KALOOR,
             KOCHI, PIN - 682017


             SRI.S.MANU, DSGI - R1
             Sri Sajeev Kumar K Gopal-R2 AND R3



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.20899 of 2023


                             C.S DIAS,J.
                          ---------------------------
                     WP(C) No.20899 of 2023
                         -----------------------------
                 Dated this the 27th day of June, 2023 .

                            JUDGMENT

The writ petition is filed, inter alia, to direct the

respondents 2 and 3 to consider and dispose of Ext P3

representation submitted by the petitioner.

2. The petitioner is a Software Company and its

employees are covered by Employees Provident Fund and

Miscellaneous Provisions Act, 1952 ( in short 'Act') and the

schemes formulated thereunder. The petitioner's employees

have continued in service subsequent to 1.9.2014 and are

entitled to the benefit of judgment of the Hon'ble Supreme

Court in EPFO & Anr. Etc. vs. Sunil Kumar.B & Ors [ AIR

2022 SC 5634] . The grievance of the petitioner is that the cut

off date for submitting the joint option form is only till

26.6.2023. The petitioner requires at least a further period of

WP(C) No.20899 of 2023

six months to upload the wage details of its employees on the

online portal of the respondents 2 and 3, for processing the joint

option executed by the petitioner and its employees as

instructed in Ext P1 circular. Nearly six hundred employees of

the petitioner have preferred joint option as evidenced by Ext P2

list. Seven other companies have merged with the petitioner.

Hence the petitioner has sent Ext P3 email to the third

respondent to transfer the employees of the seven companies to

the petitioner's company. But, due to delay on the part of the

third respondent in processing Ext P3 request, the petitioner is

unable to upload the data of its employees as directed by the

respondents 2 and 3. The petitioner was able to upload the data

of only six of its employees till date. The petitioner needs

further time to complete the uploading process of all its

employees. Hence, the writ petition.

3. Heard; Sri.R.Sanjith, the learned counsel appearing

for the petitioner, Sri.S.Manu, the learned Deputy Solicitor

WP(C) No.20899 of 2023

General of India appearing for the first respondent and

Sri.Sajeev Kumar K.Gopal, the learned Standing Counsel

appearing for the respondents 2 and 3.

4. Today, when the writ petition was taken up for

consideration, Sri.Sajeev Kumar K.Gopal handed over a

communication issued by the third respondent dated 27.6.2023,

inter alia, stating that the Ministry of Labour and Employment

has issued a press release extending the time for submitting

application for validation of option/joint option for pension on

higher wages in respect of eligible pensioners/members till

11.7.2023 and the employers till 30.9.2023. Therefore, acording

to the learned Standing Counsel, the principal grievance of the

petitioner stands redressed.

5. Sri.R.Sanjith submitted that as Ext P3 representation

is pending consideration with the third respondent, the

petitioner would be satisfied if the third respondent is directed

WP(C) No.20899 of 2023

to consider and dispose of Ext P3 representation, expeditiously,

after affording the petitioner an opportunity of being heard.

6. Having considered the pleadings and materials on

record and the rival submissions made across the bar, I am of

the definite view that a quietus can be given to the writ petition

by directing the third respondent to consider and dispose of Ext

P3 representation.

Resultantly, I order the writ petition as follows:

(i) The third respondent is directed to consider and

dispose of Ext P3 representation, in accordance with law

and as expeditiously as possible, at any rate, within a

period of one month from the date of receipt of a

certified copy of the judgment, after affording the

petitioner an opportunity of being heard.

SD/-

sks/27.6.2023                               C.S.DIAS, JUDGE

WP(C) No.20899 of 2023




                         APPENDIX OF WP(C) 20899/2023

PETITIONER EXHIBITS

Exhibit P1                 TRUE COPY OF THE CIRCULAR BEARING NO

PENSION/2022/56259/16541 DATED 20/02/2023 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE LIST OF EMPLOYEES WHO HAVE EXERCISED OPTION

Exhibit P3 TRUE COPY OF THE EMAIL DATED 17/03/2023 ISSUED BY THE PETITIONER TO RESPONDENT NO.