Allowed applicant corporation to disburse 50% of provident fund/dues for employees listed in Annexure-A and further employees ceasing service, subject to final disposal.
Permission granted to disburse 50% of provident fund dues pending final disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION No. 1604 OF 2007 IN WRIT PETITION No. 190 OF 2007 --------------------------------------------Office notes, : office memoranda : of coram, : appearances, : Court’s orders : Court’s or Judge’s directions & : order Registrar’s : orders : ----------------------------------------------
None for the applicant.
Mr. Ramesh Ramamurthy, advocate for petitioners in W.P. No. 190/2007.
Ms. P. P. Tendulkar, with M. S. Karnik for respondent No.2 Ms. K. Bagalia, advocate for respondent No.1.
CORAM: J. N. PATEL, AND A. A. SAYED, JJ.
DATE : AUGUST 2, 2007.
P.C.:
. Heard the learned counsel for
| the part |
ies. | This | app | lication | filed | |
|---|---|---|---|---|---|---|
| by | the | respondent | C | orporation, | ||
| seeking | permi | ssion of |
this | Co |
urt to |
|
| disburse | 50% | of | the | provident | ||
| fund/pension | dues | under | the | |||
| Provident | Fund | Scheme | of | KRCL | ||
| employees, | listed | in | Anne | xuree-A | and | |
| such | furt | her | emloyees | who | may |
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| hereafter | as and when ce |
ase to |
be in |
|---|---|---|---|
| the | service of KRCL, |
and also |
for a |
| further | order to deduct |
the | payments |
| so |
made from the |
amounts | finally |
| found | to be payable |
to the |
said |
| employees, | and further |
order | to |
| enable | them to deduct |
the | amounts, |
| which | they are entit |
led to |
recover, |
| subject to t | he final disposal of the |
petition.
| 2. W |
e find that this applicat | ion | |||
|---|---|---|---|---|---|
| has been |
made by |
the | resp | ondent | |
| Corporation | to meet t |
he | needs | of | |
| employees, | who were |
ret | ired | or | died |
| while in |
service and |
it | is | to | the |
| benefits of |
the employ |
ees/ | family | of |
the employees, who is named in
Annexure-A.
| 3. | In o | ur view, | there is n | o legal | ||
|---|---|---|---|---|---|---|
| impediment | in | the | way | of | the | |
| respondent | Co | rporation | to | disburse | ||
| the | amo | unt, | subject | to | the | decision |
| of | the | issues | , | raised | in | the |
| petition | a | nd | with | out pr |
ejudice | to |
| the | rights | of | the | parties. | W | e also |
| make | it | clear | that | any | employ | ees or |
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| family | or | le | gal | representatives of |
|
|---|---|---|---|---|---|
| the |
employ | ees | who | are willing to |
|
| withdraw | the | amou | nt, | as sought to be |
|
| disbursed | by | the respondent |
|||
| Corporation | , | the | respondent | ||
| corporation | can | disburse the amount |
|||
| to |
them, | and | therefore the |
||
| application | stands | dis | posed | off | |
| accordingly. |
| 4. | T | he learned counsel for | the | ||
|---|---|---|---|---|---|
| parties | sub | mits that |
the | issue | |
| deserves | to | be decided |
by | this |
Court |
| at t |
he | earliest as it |
has | put | on |
| hold | the | implementation | of | the | |
| Provident | Fund Scheme. |
We | direct | ||
| the | par | ties to |
com | plete | their |
| pleadings, | if any and |
then | get |
the | |
| matter circ | ulated | for hearing | |||
| immediatel | y after | 15th August 2007. |
Sd/-
Sd/- [ A. A. SAYED, J.] [ J. N. PATEL, J.]
1 issue framed by the court
Whether the corporation can disburse 50% of provident fund dues pending final disposal of the petition without prejudice to parties' rights.
1 provisions across 1 enactments
Kala Upvan Niyamit Sakha Ltd.
J. N. PATEL
A. A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
