M. Ninan Philip vs Employees Provident Fund Organisation
2024 Latest Caselaw 9263 Ker

Kerala High Court

M. Ninan Philip vs Employees Provident Fund Organisation on 3 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                       WP(C) NO. 13446 OF 2024


PETITIONER:

          M. NINAN PHILIP, AGED 67 YEARS, G 315,
          MODAYIL HOUSE, PANAMPILLY NAGAR.P.O, COCHIN,
          ERNAKULAM, KERALA, PIN - 682036

          BY ADVS.
          ABEL TOM BENNY
          D.PREM KAMATH
          TOM THOMAS (KAKKUZHIYIL)
          AMRUTHA SELVAM
          GENTLE C.D.


RESPONDENTS:

    1     EMPLOYEES PROVIDENT FUND ORGANISATION
          KATHRIKADAVU, KALOOR, KOCHI, ERNAKULAM,
          KERALA, REPRESENTED BY REGIONAL PROVIDENT
          FUND COMMISSIONER,, PIN - 682017

    2     REGIONAL PROVIDENT FUND COMMISSIONER
          EMPLOYEES PROVIDENT FUND ORGANISATION,
          KATHRIKADAVU, KALOOR, KOCHI, ERNAKULAM,
          KERALA, PIN - 682017


          SRI. JOHN MANI - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13446/24
                                     2

                          JUDGMENT

The limited plea of the petitioner in this Writ Petition is that

the 2nd respondent - Regional Provident Fund Commissioner, be

directed to take up Ext.P1 representation preferred by him and

dispose it of, without any avoidable delay.

2. In response to the afore submissions made by Sri.Abel

Tom Benny - learned counsel for the petitioner, Sri.John Mani -

learned Standing Counsel for the respondents, submitted that if

this Court is only inclined to direct Ext.P1 representation of the

petitioner to be taken up and disposed of, there does not appear

to be any legal impediment in doing so; but prayed that this Court

may not make any affirmative declarations on his entitlement to

any relief and leave it to the competent Authority to take a final

decision as per law.

In the afore circumstances, I allow this Writ Petition and

direct the 2nd respondent to take up Ext.P1 representation of the

petitioner and to dispose of the same, after affording him an

opportunity of being heard; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is possible,

but not later than one month from the date of receipt of a copy

of this judgment.

I clarify that I have not entered into the merits of any of the

rival contentions, including on the maintainability of Ext.P1 before

the 2nd respondent and that they are all left open to be considered

appropriately when the afore exercise is completed.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE



                APPENDIX OF WP(C) 13446/2024

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE REPRESENTATION FILED BY

THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.01.2024