Komal Singh v. Regional Provident Fund Commissioner
2016-03-09
D.Y.CHANDRACHUD, YASHWANT VARMA
body2016
DigiLaw.ai
JUDGMENT The appellant claims that he was appointed on 8 May 1985 as a Tractor Driver in Raja Balwant Singh Krishi Farm Awagarh, Etah. The appellant was suspended by the employer on 29 March 1989. The State Government made a reference to the Industrial Tribunal (Adjudication Case No.44 of 2010). By an award dated 22 July 2011, the suspension of the appellant was set aside with consequential benefits. In the meantime, the appellant attained the age of superannuation sometime in 2011. The award of the Industrial Tribunal has been challenged by the third and fourth respondents in a writ petition before this Court which is pending (Writ-C No.15152 of 2012). The award has not been stayed. 2. The appellant moved the Employees' Provident Fund authorities for the computation and disbursal of his terminal dues. He was informed by a communication dated 21 October 2015 that since the writ petition filed by the employer is pending, this process could not be completed. Thereupon, the appellant moved a writ petition before the learned Single Judge in which, a final order has been passed, observing that it would be appropriate for the appellant to seek directions in the writ petition which has been filed by the employer. 3. We find merit in the contention of the appellant that the directions contained in the impugned judgment and order of the learned Single Judge cannot be sustained. The order of suspension was the subject matter of an industrial adjudication and against the final award of the Industrial Tribunal which has set aside the suspension, no interim relief enures to the benefit of the employer in the writ petition which is pending before this Court. The relief which was sought by the appellant before the learned Single Judge for a direction to the Assistant Provident Fund Commissioner, Agra to conclude the proceedings within a stipulated time limit was maintainable and should have been granted. 4. We, accordingly, allow the special appeal and set aside the impugned judgment and order of the learned Single Judge dated 11 January 2016. Instead and in place, there shall be a direction to the second respondent to complete the process of computation in pursuance of the application submitted by the appellant, within a period of two months from the date of receipt of a certified copy of this order, so that an appropriate action shall be taken expeditiously. 5.
Instead and in place, there shall be a direction to the second respondent to complete the process of computation in pursuance of the application submitted by the appellant, within a period of two months from the date of receipt of a certified copy of this order, so that an appropriate action shall be taken expeditiously. 5. The special appeal is, accordingly, disposed of. There shall be no order as to costs.