Terminated employee sought pension and provident fund. Court held no pension entitlement but directed verification and settlement of provident fund amount within six months. Petition disposed.
Relief granted to verify provident fund record and settle the account within six months. No pension awarded.
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.
39
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
39 WRIT PETITION NO.6366 OF 2019
UTTAM VISHNU KALAMKAR
VERSUS
THE UNION OF INDIA AND OTHERS
...
Advocate for Petitioner : Mr Yeramwar Sushant C.
Advocate for Respondents : Mr Manish N. Navandar
CORAM: S. V. GANGAPURWALA &
MANGESH S. PATIL, JJ.
DATE:25th July, 2019
PER COURT :
The petitioner is terminated from services. The petitioner seeks benefit of pension and release of provident fund amount.We have heard learned Advocate for the petitioner and learned advocate for the respondents.Upon the termination of services, the petitionerwould not be entitled for pension. However, if any amount
is deducted towards provident fund, the petitioner would
be entitled for the amount of provident fund. In fact, it
is the responsibility of the employer to pay the amount
deducted towards provident fund of the petitioner.
The respondents shall verify its record. The petitioner may also cooperate with the respondents for39
verification of the record to the extent of amount of
provident fund and the parties shall thereafter settle the
account to the extent of payment of provident fund
preferably within a period of six months
Writ petition disposed of. No costs.(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA, J.)
JPC
2/2
2 issues framed by the court
Whether a terminated employee is entitled to pension or provident fund benefits.
Whether the provident fund amount should be verified and settled between the parties.
UTTAM VISHNU KALAMKAR
THE UNION OF INDIA
MANGESH S. PATIL
S. V. GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court