Birendra Pratap Singh vs Regional Provident Fund ...
2023 Latest Caselaw 5489 Cal

Form No.J(2)


                  IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                          APPELLATE SIDE
Present :

The Hon'ble Justice Raja Basu Chowdhury


                             WPA 11915 of 2023

                          Birendra Pratap Singh
                                   -vs-
               Regional Provident Fund Commissioner & Ors.


For the petitioner       :       Mr. Ramij Munshi,
                                 Mr. Rittick Chowdhury,
                                 Mr. Nishant Chowdhury,

For the Respondent nos.:         Ms. Anamika Pandey,

2 and 3. Ms. Amrita Pandey, Mr. Ghanshyam,

For the Respondent no.1: Mr. Shiv Chandra Prasad,

Heard on : 23rd August, 2023

Judgment on : 23rd August, 2023

Raja Basu Chowdhury, J:

1. The present writ application has been filed, inter alia, praying for

direction upon the respondent nos. 1 and 2 to ensure the release of

the entire amount of provident fund and the provident fund linked

pension together with the interest for delayed payment.

2. It is the petitioner's case that the petitioner had joined the

respondent no. 3 on 1st December, 1980, and had worked

continuously for 40 years.

3. According to the petitioner, he is entitled to get provident fund

which has been withheld.

4. When the aforesaid writ application was moved on 14th July, 2023,

the learned advocate representing the respondent nos. 2 and 3 on

instruction had submitted that the petitioner had been disbursed

the provident fund dues. This Court, upon hearing the parties, had

called upon the respondent nos. 2 and 3 to file a report and disclose

the details of the payments on account of provident fund

accumulations, if any, made in favour of the petitioner and to

incorporate in such a report, the applicable rate of interest.

Subsequently, on 16th August, 2023, Ms. Amrita Pandey, learned

advocate appearing on behalf of the respondent nos. 2 and 3 had

submitted that Rs.2,25,866.39/- is due and payable to the

petitioner as per particulars provided to her by the respondent no.

3.

5. Having regard such submissions, this Court had directed the

respondent nos. 2 and 3 to produce a cheque for Rs. 2,25,866.39/-

drawn in the name of the petitioner on returnable date. Today, Mr.

Ghana Shyam Pandey, learned advocate representing the

respondent no. 3, has placed before this Court a cheque, for a sum

of Rs. 2,51,801.50/- drawn in the name of the petitioner, inter alia,

claiming that the aforesaid sum not only includes the principal

amount of Rs. 2,25,866.39/- on account of provident fund

accumulations but also includes interest calculated at the rate of

8.1 per cent, as per particulars provided in the report filed on behalf

of the respondent no. 3.

6. Let the aforesaid cheque be made over to the learned advocate

representing the petitioner who shall accept the same on behalf of

the petitioner. Let a photocopy of the cheque along with the

endorsement made by the petitioner's advocate be retained with the

records.

7. From the aforesaid report it appears that interest has been

computed upto 16th August, 2023. Having regard to the same and

taking into consideration that interest has been computed in terms

of the directions issued by the Central Government, I am of the view

that nothing further survives in the writ application.

8. Insofar as provident fund linked pension is concerned, the

petitioner shall be at liberty to approach the respondent no. 3 with

necessary particulars, if so advised.

9. With the aforesaid observations the writ petition stands disposed

of.

10. There shall be no order as to costs.

11. Urgent photostat certified copy of this order, if applied for, be

given to the parties upon compliance of necessary formalities.

(Raja Basu Chowdhury, J.)

BR AR (Court)