L.D. JOSHI Vs. CENTRAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner Mr. L.D. Joshi, who had joined respondent no. 6 i.e. M/s. BOSCH Limited at Hosur Road, Adugodi, Bangalore - 560030 formerly known as Motor Industries Company Limited (MICO) as Commercial Officer, was allotted employees EPF account no. KN/120/10857F and EPF contributions were made w.e.f. 01.09.1984. The petitioner was transferred to the company's Delhi office i.e. M/s. BOSCH Limited at 85-A, Rashyamook, Panchkuin Road, New Delhi (arrayed as respondent no. 5) w.e.f. 01.04.1988 and a new EPF account number was opened with respondent no. 2, (RPFC Delhi North). Vide application dated 14.02.2008 (which date the respondents no.1-3 claim to be 01.05.2008), the petitioner applied for transfer of his EPF accumulations from the office of the Regional Provident Fund Commissioner, EPFO, Raja Ram Mohan Roy Road, Bangalore-560025 (arrayed as respondent no. 3) to the Office of the Regional Provident Fund Commissioner, Bhavishyanidhi Bhawan, 28, Community Centre, Wazirpur, Industrial Area, Delhi - 110052 (arrayed as respondent no.2) and an acknowledgement in relation thereto was issued by the Regional Provident Fund Commissioner, Bhavishyanidhdi Bhawan, 28, Community Centre, Wazirpur Industrial Area, Delhi-110052 (arrayed as respondent no. 2). It is submitted by the petitioner that despite reminders made by him by several personal visits to the office of the respondent no. 2, the transfer of his EPF account was not effected till June, 2008 and the petitioner was advised to get the transfer done by personally visiting the office of the Regional Provident Fund Commissioner, EPFO, Raja Ram Mohan Roy Road, Bangalore-560025 (arrayed as respondent no. 3) where after, the petitioner personally visited Bangalore in June, 2008 to ascertain the fate of his application seeking transfer of the account no. KN/120/10857F but it was informed that there was no information received from the petitioner's former employer i.e. respondent no. 6 and he was assured that the transfer would be effected within a month. No transfer of the EPF account took place even thereafter and in March, 2011, the respondent no. 1 i.e. Central Provident Fund Commissioner, Employees' Provident Fund Organization, Bhavishyanidhi Bhawan, 14, Bhikaji Cama Place, New Delhi - 110066 i.e. the Apex Authority under the EPF scheme published a notice captioned "Important Message for Employees' Provident Fund Members" in the leading newspaper.

(2.) The message reads thus:

(3.) The respondent no. 3 in Dec., 2011 transferred a sum of Rs.2,03,548.00 to the petitioner's EPF account no. DL/4108/126 maintained with the respondent no. 2. On the petitioner's inquiry from the office of the respondent no. 2 as to whether the accumulations of the Bangalore account had been credited to his Delhi account no. DL/4108/126, the petitioner was told that no such account no. DL/4108/126 existed in the records of the respondent no.2.