MALCOLM JOHN CAMPBELL Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) The present writ petition has been filed, seeking release and transfer of the provident fund amount, lying with the Regional Provident Fund Commissioner (hereinafter, RPFC /Respondent No.1) to the Petitioner s bank account. A prayer is also made for initiation of action against Respondent No. 2, for recovery of damages and release of the same to the Petitioner.

(3.) The Petitioner was employed as a mechanical supervisor on a Tunnel Boring Machines (TBM) project with Respondent No.2. As he is a citizen and resident of United Kingdom (UK), his monthly salary was USD 12645.00. Respondent No.2 terminated his services with effect from 15th December, 2015 and he had to be paid his Provident Fund (hereinafter, PF ) contribution in January, 2016. Despite repeated reminders to the Respondents, the Petitioner was not paid the said amount. The Petitioner is stated to be under financial distress. He is currently living with his daughter in UK and is dependent on her for all his needs.