Disposed

Bihar Jharkhand Rajya Vidhyut Parishad Field Kamgar Union, Muzaffarpur v. Mr. a.k. Singh Regional Provident Fund Commissioner, Patna and Ors.

Patna HC10 Mar 2016MJC/2594/2014

Case brief

AI extract

What is this about?

The High Court directed the Union to furnish employment records to the EPFO for pension computation. If records are unavailable from the electricity board, the EPFO must pay the minimum pension. The petitions were disposed of with a direction to release pension within two months.

What did the court decide?

Direction to Union to furnish employment records; direction to EPFO to pay minimum pension if records not forthcoming and release pension within two months.

Bihar Jharkhand Rajya Vidhyut Parishad Field… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2594 of 2014

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Miscellaneous Jurisdiction Case No. 2826 of 2012

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======================================================

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Bihar Jharkhand Rajya Vidhyut Parishad Field Kamgar Union, through its Secretary, Bharat Choudhary, son of Indradeo Chaudhary, resident of village Ram Basantpur, P.S. Kanti, District Muzaffarpur

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.... .... Petitioner

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Versus

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Mr. A.K.Singh, Regional Provident Fund Commissioner, Regional Office I, R. Block, Patna

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Mr. Manish Sahai, Regional Provident Fund Commissioner, Regional Office II, R. Block, Patna

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Mr. B.K.Sinha, Assistant Provident Fund Commissioner, Regional Office, R. Block, Patna

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Mr. Pratya Amrit, Managing Director, Bihar State Power (Holding) Company Ltd., Vidhyut Bhawan, Bailey Road, Patna

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.... .... Opposite Parties

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======================================================

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with

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Civil Review No.226 of 2014

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Miscellaneous Jurisdiction Case No. 2826 of 2012

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======================================================

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Bihar State Power Holding Company, through its Chairman cum Managing Director Vidyut Bhawan, Bailey Road, Patna - 1

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.... .... Petitioner Versus

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Mr. P.C. Pati, Regional Provident Fund Commissioner, Regional Officer, R. Block, Patna 1 2. Mr. Rajesh Pandey, In-charge Regional Provident Fund Commissioner Regional Office R. Block, Patna - 1

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Mr. A.K. Mohanthi, Assistant Provident Fund Commissioner, Regional Office R. Block, Road No.6, Patna

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Bihar Jharkhand Rajya Vidyut Parishad Field Kamgar Union, through its Secretary, Bharat Choudhary, son of Indradev Choudhary, resident of village Ram Basant, P.S. Kanti, District Muzaffarpur

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.... .... Opposite Parties

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======================================================

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with

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Miscellaneous Jurisdiction Case No.4975 of 2014 IN

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Miscellaneous Jurisdiction Case No. 2826 of 2012

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======================================================

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The Regional Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, R.Block, Road No.6, P.S.- Sachivalay, District- Patna.

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.... .... Petitioner

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Patna High Court MJC No.2594 of 2014 (12) dt.10-03-2016

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Versus 1. Sri Pratyay Amrit, the Chairman-cum-Managing Director, Bihar State Power Holding Company Ltd., Vidyut Bhawan, Bailey Road, P.S.- Kotwali, District- Patna. 2. The Bihar Jharkhand Rajya Vidyut Parishad Field Kamgar Union through its Secretary, Bharat Choudhary, Son of late Indradeo Choudhary, resident of Village-Ram Basant Pur, P.S.- Kanti, District- Muzaffarpur. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Uma Kant Shukla, Advocate with Mr. Amrendra Kumar Singh, Advocate For the Board : Mr. V.N.Sahay, Advocate For E.P.F.O. : Mr. Rajiv Kr. Verma, Sr.Advocate with Mr. Prasant Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 12 10-03-2016 The only surviving issue is fixation of pension to the workers, who are deemed to be members of the Employees Provident Fund Organisation, consequent on an order passed by this Court earlier.

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Learned counsel for the Employees Provident Fund Organisation states that they have asked the workers’ Union to fill up the forms to be countersigned in the Electricity Board to facilitate computation and release of pension.

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On the other hand, learned counsel for the Electricity Board states that they have no record of any employee and, therefore, they are unable to verify the particulars in respect of period for which they have worked or under which of the

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Patna High Court MJC No.2594 of 2014 (12) dt.10-03-2016

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contractors have engaged their services.

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In view of non-availability of the records with the Electricity Board, we deem it appropriate to call upon the Union or the workers to furnish the records of the employment of each of the worker to the EPF organization and give such other particulars as is required by them to enable them to compute the pension. If no record is forthcoming, the Employees Provident Fund Organization shall pay the minimum amount of pension to the workers.

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The workers shall submit the requisite forms duly filled up to the Employees Provident Fund Organization and thereafter, the Employees Provident Fund Organization shall release the pension within next two months.

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With the said direction, the present petitions stand disposed of.

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(Hemant Gupta, J)

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spal/-

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(Ramesh Kumar Datta, J)

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Bihar Jharkhand Rajya Vidhyut Parishad Field Kamgar Union, Muzaffarpur v. Mr. a.k. Singh Regional Provident Fund Commissioner, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Bihar Jharkhand Rajya Vidhyut Parishad Field Kamgar Union, Muzaffarpur v. Mr. a.k. Singh Regional Provident Fund Commissioner, Patna and Ors.

Case brief

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What did the court decide?

What the court decided

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