Indra Shekhar Tripathi, S/o. Ramkripal Tripathi v. Commissioner, Provident Fund Office, Dist. - Raipur, Chhattisgarh
2024-04-03
RAJANI DUBEY
body2024
DigiLaw.ai
ORDER : 1. The instant petition under Article 226 of the Constitution of India has been filed by the petitioner against the action on the part of the respondent authorities whereby the arrears of salary, amount of gratuity and other retiral dues were not paid to the petitioner by the respondent authorities. 2. Brief facts of the case as mentioned in the petition, are that the petitioner was working as a manager under respondent No. 2 and posted at Raipur office. While working in the said department, on 08.03.2002, he was suspended due to some alleged irregularities. Petitioner filed the petition challenging the suspension order dated 08.03.2002 before the Labour Court Raipur, under section 31(3) read with section 62 of the M.P./C.G. Industrial Dispute Act. Vide order dated 20.02.2009 (Annexure P/1), learned Labour Court allowed the petition of the petitioner quashing the suspension order dated 08.03.2002. In compliance of the Labour Court’s order dated 20.02.2009 (Annexure P/1), on 19.03.2009 (Annexure P/2), the petitioner made representation to the Secretary of the department for joining of his duty. On 16.06.2009 (Annexure P/3), the petitioner made representation to the Commissioner, Provident Fund office for payment of total amount of Rs. 1,08,584/- under various heads. Against the order dated 20.02.2009 (Annexure P/1) passed by the learned Labour Court, respondent No.2 preferred an appeal before the State Industrial Court, Raipur (C.G.) which was rejected vide order dated 14.10.2011 (Annexure P/4) confirming the order of the Labour Court. In the meantime, the petitioner attended the superannuation age and retired on 30.09.2010. On 30.12.2011 (Annexure P/5), the petitioner made representation to the Administrator of Gram Seva Samiti, Raipur for granting all retiral dues as well as arrears of salary. On 30.12.2011 (Annexure P/6), the petitioner made representation to the Secretary of Gram Seva Samiti, Raipur for granting of gratuity amount of Rs. 1,43,715/- as well as arrears of salary. 3. On 05.03.2012 (Annexure P/7), the petitioner made representation to the authorities for granting a sum of Rs. 6,44,300/- including gratuity, provident fund, family pension fund and other retiral dues as well as arrears of salary between the period 01.04.2002 and 30.09.2010. Thereafter, the petitioner filed petition i.e. WP(S) No. 2047 of 2012 before this Court and due to mistake the State of Chhattisgarh was made a party.
6,44,300/- including gratuity, provident fund, family pension fund and other retiral dues as well as arrears of salary between the period 01.04.2002 and 30.09.2010. Thereafter, the petitioner filed petition i.e. WP(S) No. 2047 of 2012 before this Court and due to mistake the State of Chhattisgarh was made a party. Therefore, vide order dated 06.08.2012 (Annexure P/8), this Court permitted the petitioner to withdraw the petition with liberty to file a better petition. Hence, this petition has been filed by the petitioner for following reliefs:- “10.1 That this Hon’ble Court may kindly be pleased to issue appropriate writ and direct the respondents to grant the gratuity amount to petitioner & arrears of salary of Rs.6,44,300/- with interest @ 18% in the interest of justice. 10.2 That this Hon'ble Court may kindly be pleased to issue a writ of mandamus to the respondents and direct that they may give the all retiral dues to the petitioner. 10.3 This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 4. Learned counsel for the petitioner submits that the petitioner has retired on 30.09.2010 from the office of respondent No.2 on attaining the age of superannuation. On 20.02.2009 (Annexure P/1), learned Labour Court allowed the petition filed by the petitioner quashing the suspension order dated 08.03.2002. In compliance of the said order, the petitioner joined the office on 19.03.2009. Petitioner made several representations to the respondent authorities for granting of arrears of salary of Rs. 6,44,300/- and gratuity amount Rs. 1,43,715/- as well as provident fund amount as calculated by the department but no amount was paid by the respondent authorities till date. This act of the respondents is against the principles of natural justice and is in violation of Article 14 of the Constitution of India. As per judgments of the Hon'ble Supreme Court, in many cases, the retiral dues of the officers/employee should be granted within 6 months from the date of the retirement, but it is very unfortunate that the petitioner has retired on 30.09.2010 and the respondent authorities did not grant the due salary, gratuity amount and provident fund amount to the petitioner till now. 5.
5. Learned counsel for respondent No.1 strongly opposes the prayer of the petitioner and submits that the petitioner being an employee of M/s Gram Sewa Samiti, CG/1273 was a member of the Employees' Provident Funds and Miscellaneous Provisions Act 1952 and the Schemes framed thereunder. The provident fund contribution was being deposited by establishment in PF A/c No. CG/1273/121 during his service. As per records, the petitioner was suspended from 09.03.2002 and contribution thereafter was not received from their employer between the period 09.03.2002 and 30.09.2010. A letter dated 11.11.2014 has been written to respondent No. 2 to deposit the contribution of above period as per Annexure- R/1. Only on receipt of contribution for disputed period from Respondent no. 2, provident fund amount will be paid to the petitioner along with interest for the disputed period & pension will be revised. On receipt of claim forms from the petitioner, payment of provident fund of Rs. 1,91,697/- has already been made to the petitioner and credited in his Bank account of Punjab National Bank, Rewa (M.P.) on 04.08.2014. Pension case of the petitioner has already been settled and forwarded to Sub Regional Office, Jabalpur vide letter dated 07.10.2014 (Annexure- R/2). 6. He further submits that the contribution for the suspension period i.e. from 09.03.2002 to 30.09.2010 is not received from employer of the petitioner. All actions have been initiated to recover the contribution from respondent No.2 (employer of the petitioner). After receipt of the same, benefits will be provided to petitioner accordingly. 7. Learned counsel for respondent No.2 also opposes the prayer of the petitioner and submits that the petitioner was working in the office of respondent No.2 and refused to join the transfer place at Rewa after committed misappropriation. He was suspended on 08.03.2002 and since then, he never joined the duty till his retirement dated 30.09.2010. He did not report on duty and got absconded which caused great loss to the respondents institution. When certain irregularity was committed by him, a written complaint was filed to the concerned police station on 14.02.2003 (Document D/1). Respondent No.2 issued a notice to the petitioner to join office within 15 days at transfer place in Rewa but he neither joined duty at Rewa nor responded at Raipur.
When certain irregularity was committed by him, a written complaint was filed to the concerned police station on 14.02.2003 (Document D/1). Respondent No.2 issued a notice to the petitioner to join office within 15 days at transfer place in Rewa but he neither joined duty at Rewa nor responded at Raipur. Various letters were issued to join duty but no response was received on behalf of the petitioner, ultimately on 30.07.2002 (Document D/2), paper publication was made and notices were issued at his native place at Rewa. Respondent No.2 is a registered society and is registered under the C.G. Co-operative Society Act 1960 and the aim and object of the society are to establish, encourage and propagate the utility and usefulness of Gramodyog i.e. cottage Industries etc. Copy of the rules and regulation of the worker of the Association is annexed as Document D/3. Respondent No.2 was paying salary of Rs. 2510/- per month in which amount of Rs. 283/- was deducted/deposited under the head of employee provident fund PF A/c no. CG/1273 /121 during his service period till his absconding. Copy of the last drawn salary sheet of January and February 2002 is filed as Document D/4. 8. Heard counsel for the parties and perused the material placed on record. 9. Admittedly, the petitioner was working as a Manager under the respondent No.2 and posted at Raipur. While working in the said department, on 08.03.2002, he was suspended due to some alleged irregularities done by him. Against the suspension, the petitioner filed the petition before the Labour Court, Raipur and the said petition was allowed by the learned Labour Court vide order dated 20.02.2009 and quashed the suspension order. Thereafter, respondent No.2 preferred an appeal before the State Industrial Court, Raipur (C.G.). On 14.10.2011, learned State Industrial Court rejected the appeal of respondent No.2 confirming the order of the Labour Court. It is also an admitted fact that the petitioner has retired on 30.09.2010 on attaining the age of superannuation. 10. In the matter of State of Uttar Pradesh and Others Vs. Dhirendra Pal Singh reported in (2017) 1 SCC 49 , Hon’ble Apex Court held in paras 9 and 10 as under :- “9.
It is also an admitted fact that the petitioner has retired on 30.09.2010 on attaining the age of superannuation. 10. In the matter of State of Uttar Pradesh and Others Vs. Dhirendra Pal Singh reported in (2017) 1 SCC 49 , Hon’ble Apex Court held in paras 9 and 10 as under :- “9. In State of Kerala v. M. Padmanabhan Nair, this Court has held that pension and gratuity are no longer any bounty to be distributed by the Government to its employees on the retirement but are valuable rights in their hands, and any culpable delay in disbursement thereof must be visited with the penalty of payment of interest. In the said case, the Court approved 6% p.a.. interest on the amount of pension decreed by the trial court and affirmed by the High Court. As to the rate of interest on amount of gratuity, in Section 7(3-A) of the Payment of Gratuity Act, 1972, it is provided that if the amount of gratuity payable is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may by notification specify. It further provides that no such interest shall be payable if the delay in payment is due to the fault of the employee, and the employer has obtained permission in writing from the controlling authority for the delayed payment on this ground. In the present case, there is no plea before us that the appellants had sought any permission in writing from the controlling authority. As to the delay on the part of the employee, it has come on the record that he made representations, whereafter he filed a suit in respect of withheld amount of gratuity and pension. In Y.K. Singla v. Punjab National Banks, this Court, after discussing the issue relating to interest payable on the amount of gratuity not paid within time, directed that interest @ 8% p.a. shall be paid on the amount of gratuity. 10.
In Y.K. Singla v. Punjab National Banks, this Court, after discussing the issue relating to interest payable on the amount of gratuity not paid within time, directed that interest @ 8% p.a. shall be paid on the amount of gratuity. 10. In the light of the law laid down by this Court, as above, and further considering the facts and circumstances of the case, we modify the impugned order passed by the High Court in respect of interest directed to be paid on the amount of withheld gratuity and pension. We direct that the appellants shall pay interest @ 6% p.a. on the unpaid amount of pension from the date it had fallen due and interest @ 8% p.a. on the unpaid amount of gratuity from the date of retirement of the employee.” 11. In the instant case also, it is an admitted position that the petitioner has retired on 30.09.2010 and his whole retiral dues and gratuity has not been paid to him till date. The respondent authorities did not file any documents with regard to disciplinary enquiry report against the petitioner which shows that they withheld the due amount of the petitioner. 12. In the light of law laid down by Hon’ble Apex Court in the above referred decisions and considering the facts and circumstances of the case, this Court deem it appropriate to direct the respondent authorities to pay whole retiral dues, arrears of salary and gratuity to the petitioner with simple interest at the rate 6% per annum within a period of 4 months from the date of receipt of copy of this order on the unpaid amount from the date it has fallen due. 13. The writ petition thus stands allowed to the above extent.