Radhey Shyam Sharma S/o Natthu Ram, aged about 60 years, resident of VillagePost Baleta, Tehsil Alwar Distt. Alwar v. State of Rajasthan through Registrar, Cooperative Societies Rajasthan, Jaipur
2016-11-16
ALOK SHARMA
body2016
DigiLaw.ai
JUDGMENT 1. - The application (7574/2016) for early hearing of the writ petition is allowed. 2. The matter has been heard today itself with consent of counsel for the parties. 3. Mr. Deepak Goyal appearing for the respondent No.3- Regional Commissioner, Employees Provident Fund Organization at the outset submitted that the petitioner has been paid the pension and provident fund amount. Mr. L.L. Gupta appearing for the petitioner admits the receipt of pension amount but is not in a position to make any statement with regard to the whole of the provident fund amount being received by the petitioner. However, I am of the considered view that on the statement made by Mr. Deepak Goyal for the respondent No.3, the relief sought by the petitioner regarding payment of pension and provident fund stands granted. To that extent the writ petition stands rendered infructuous. 4. As far as the payment of gratuity to the petitioner is concerned, Mr. Ram Kumar Sharma appearing for the respondent No.2-Alwar Central Cooperative Bank Ltd. submits that the gratuity amount is payable by the employer of the petitioner Bhadkol Gram Sewa Sahkari Samiti Limited, Panchayat Samiti, Umren, Alwar (hereinafter 'the Samiti') and not the Bank as claimed in the petition on a palpable misdirection. And the said Samiti has not been impleaded as a party in the writ petition which is pending before this Court since 2006. He submitted that even otherwise, admittedly the petitioner has an alternative remedy under the Payment of Gratuity Act, 1972 (hereinafter 'the Act of 1972') for agitating his grievance with regard to the non-receipt of the gratuity amount allegedly due to him. Mr. L.L. Gupta is unable to controvert any of the two aforesaid arguments of Mr. Ram Kumar Sharma. 5. In the overall facts and circumstances of the case, I would dispose of the writ petition recording as stated by Mr. Deepak Goyal that the petitioner has been paid his due pension and due provident fund amount. The petitioner is however relegated to his remedy under the Act of 1972 for recovery of the gratuity amount from his employer-Bhadkol Gram Sewa Sahkari Samiti Limited, Panchayat Samiti, Umren, Alwar as allegedly due to him. The writ petition is accordingly disposed of.Petition Disposed of. *******