Home Singh Yadav vs Shri S.K. Suman
2022 Latest Caselaw 16512 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                            ON THE 13 th OF DECEMBER, 2022
                                      CONTEMPT PETITION CIVIL No. 1290 of 2020

                           BETWEEN:-
                           HOME SINGH YADAV S/O LATE SHRI MAN SINGH
                           YADAV, AGED ABOUT 62 YEARS, OCCUPATION: LAST
                           SERVED AS ASSISTANT GRADE II SAHKARI DUGDH
                           SHANGH HABIBGANJ BHOPAL N-2/631 HABIBGANJ
                           BHOPAL (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI A.K. SINGH, ADVOCATE )

                           AND
                           1.    SHRI S.K. SUMAN THE REGIONAL PROVIDEN
                                 FUND COMMISSIONER SUB REGIONAL OFFICE
                                 132 ZONE II MAHARANA PRATAP NAGAR DISTT.
                                 BHOPAL NEW ADDRESS 49 ARERA HILLS BHOPAL
                                 (MADHYA PRADESH)

                           2.    SHAMIM     UDDIN    (IAS)  THE MANAGING
                                 DIRECTOR THR THE MP STATE CO OPERATIVE
                                 DAIRY FEDERATION LIMITED DUGDHA BHAWAN
                                 HABIBGANJ DIST BHOPAL (MADHYA PRADESH)

                           3.    CHETAN YADAV THR THE REGIONAL PROVIDENT
                                 FUND COMMISSIONER II REGIONAL OFFICE
                                 KANPUR BHAVISHYA NIDHI BHAWAN SARVODAY
                                 NAGAR KANPUR (UTTAR PRADESH)

                           4.    DR KANCHAN SAXENA CHIEF EXECUTIVE
                                 OFFICER THR THE MANAGING DIRECTOR
                                 (ADMINISTRATION) BHOPAL SAHAKARI DUGHDA
                                 SANGH MYDT SAHAKARI DUGHDA SANGH MYDT
                                 NEAR HABIBGANJ STATION HABIBGANJ DIST
                                 BHOPAL MP 462023 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI J.K. PILLAI, ADVOCATE )

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 12/15/2022
10:59:21 AM
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                           following:
                                                               ORDER

This is a contempt petition arising out of the order dated 29-01-2018 passed in W.P. No.1547/2017.

2. It is contended by learned counsel for the respondents that the said writ petition was disposed of by this Court and the respondents were directed to take a decision on petitioner's representation, in the light of the decision of the Apex Court passed in R.C. Gupta and others etc.etc. vs. Regional Fund Organization & others etc.- [Civil Appeal No.10013- 10014/2016].

3. It is further contended by the learned counsel for respondents that the said judgment passed in R.C. Gupta and others etc.etc. (supra) was referred to the Larger Bench and the issue been decided by the Apex Court, vide order dated 4-11-2022 in SLP No.8658-8659/2019 [The Employees Provident Fund Organization & Etc. vs. Sunil Kumar B. & Etc.]

4. Thus, the learned counsel for respondents submits that the claim of the petitioner is required to be considered in view of the order passed by the Larger Bench of the Apex Court, upon considering the earlier judgment passed in R.C. Gupta and others etc.etc. (supra).

5 . In view of the aforesaid, the present contempt petition stands disposed of with the direction to respondents, that if the petitioner prefers a representation afresh, in terms of the order passed by the Larger Bench of the Apex Court in Employees Provident Fund Organization & Etc. vs. Sunil Kumar B. & Etc. (supra) within a period of 60 days from today, the same shall be considered and dealt with by the respondents within a further period of 90 days by passing a well reasoned and speaking order, in accordance with law. Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 12/15/2022 10:59:21 AM

6 . It is hereby made clear that this Court has not expressed any opinion on merits of the case.

7. The contempt petition stands disposed of accordingly. Rule nisi discharged.

(MANINDER S. BHATTI) JUDGE ac

Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 12/15/2022 10:59:21 AM