Coal Mines Provident Fund, Dhanbad v. Vinay Kumar Sahay
2018-08-30
ANIRUDDHA BOSE, APARESH KUMAR SINGH
body2018
DigiLaw.ai
ORDER : 1. The appeal is against, in substance, an order of imposition of penal cost of Rs. 1 Lakh mainly for default in payment of provident fund dues of the writ petitioner. The appellant before us is the Provident Fund Organization. Such costs have been imposed in exercise of discretionary power by the learned First Court and we do not find any error in exercise of such discretion. In our opinion, such costs have been imposed upon proper appreciation of the factual background of the case as also its legal basis. We are apprised that Provident Fund Authorities have already deposited Rs. 1 Lakh pursuant to the direction of this Court on 9th April, 2018. We enquired from the writ petitioner as to whether he was agreeable to remit half of the amount imposed as costs for Flood Relief to Kerela and learned Advocate appearing for the writ petitioner agreed to such proposal. This Court appreciates the stand taken by the writ petitioner in foregoing part of the costs awarded in his favour. 2. In such circumstances, we direct the sum of Rs. 50,000/- (Fifty Thousand) to be paid to the writ petitioner and Rs. 50,000/- (Fifty Thousand) to be remitted to the Account of Chief Minister Distress Relief Fund, bearing Account No. 67319948232 for Kerela Flood Relief. We are informed by the learned counsel appearing for the two Coal Companies that their clients have deposited Rs. 33,000/- each. Let the costs of Rs. 1 Lakh be equally shared by the Provident Fund Organization, Bharat Cocking Coal Ltd. and Central Coalfield Limited and the obligation of each of these three respondents shall be Rs. 33,333/-. Rest of the amount deposited shall be refunded to the Provident Fund Authorities. Such refund and remittance shall take place within a period of 15 days. 3. Accordingly, the appeal stands disposed of in the above terms.