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Jharkhand High Court · body

2002 DIGILAW 363 (JHR)

Daljit Singh v. J. S. E. B.

2002-03-15

M.Y.EQBAL

body2002
ORDER M.Y. Eqbal, J. 1. Heard the parties. 2. This case relates to payment of retiral benefits which Includes P-F amount, gratuity, leave encashment, over time, arrears of salary, computation of pension etc. 3. The petitioners retired from the services of the respondent-Bihar State Electricity Board on 30.9.2000 from the post of foreman grade I. The last place of posting of the petitioners was at Hazaribagh. It is contended that although both the petitioners retired in September, 2000, but till date the retiral dues have not been paid to them. 4. So far provident fund amount is concerned, there is no dispute that it is hard earned money of the petitioners. Since the date of entering into service till the date of retirement some amounts, by way of provident fund, was deducted from the salary of the petitioners and was kept by BSEB. 5. Learned Counsel appearing for the BSEB does not dispute the fact that the amount of provident fund so deducted from the salary of the employees including the petitioners have been lying with the respondent-BSEB. By way of repetition I must say that the employer is a trustee of the provident fund amount and is bound to release the amount to the employee immediately after retirement. 6. I, therefore, direct the respondent-BSEB to immediately and forthwith release the provident fund amount with statutory interest, if the amount is lying with it, latest by 15th April, 2002. The rest of the amounts i.e. gratuity, leave encashment, arrears of salary etc. shall be paid by the respondent-JSEB within 30 days from today i.e. by 15th April, 2002. In the event the aforesaid amounts are not paid by both the Boards within the time fixed hereinabove, the amount shall carry interest at the rate of 12% per annum. 7. Needless to say that it will be open to both the BSEB and the JSEB to make appropriate adjustment at the time of apportioning the assets and the liabilities. With the aforesaid direction this application is disposed of.