Disposed

Samod Kumar v. The Managing Director, Bihar State Co-operative Bank Ltd.

Patna HC18 Jul 2023CWJC/3223/2023

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What is this about?

High Court disposed of a writ petition involving delayed payment of statutory dues. The court directed both the bank and the Provident Fund Commissioner to recalculate statutory interest and complete payment formalities within six weeks.

What did the court decide?

Respondent bank directed to recalculate interest; RPFC directed to verify and process payment within six weeks.

Samod Kumar Vs The Managing Director, Bihar… — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3223 of 2023

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

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Samod Kumar S/o Rajendra Prasad Singh, resident of H.No.- 15 Rajendra Path, North S.K. Puri, Boring Road, Patna, Bihar.

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... ... Petitioner/s

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Versus

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The Managing Director, Bihar State Co-operative Bank Ltd. Ashok Raj Path, Patna- 4.

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The Regional Provident Fund Commissioner, Employees Provident Fund Office, R- Block Road No.- 6, Patna- 1.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Prabhat Kishore, Advocate For the Bank : Mr. S.N. Pathak, Advocate For the E.P.F.O. : Mr. Prashant Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 18-07-2023

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Heard Mr. Jai Prabhat Kishore, learned counsel

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appearing on behalf of the petitioner, Mr. S.N. Pathak, learned counsel appearing on behalf of the Bank and Mr. Prashant Kumar, learned counsel for the E.P.F.O.

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Counter affidavit filed on behalf of the Managing

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Director, Bihar State Co-operative Bank Limited- respondent no. 1 is kept on record.

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Learned counsel appearing on behalf of the petitioner submitted that the petitioner was dismissed from the service on 19.02.2002.

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The admissible dues were paid but with delay on 30.07.2019. The petitioner is entitled for statutory interest on

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Patna High Court CWJC No.3223 of 2023(2) dt.18-07-2023 2/2

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account of delay in payment from 09.05.2015 till 30.07.2019.

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The Managing Director, Bihar State Co-operative Bank Limited must recalculate the interest which has accrued on the contribution made in the account of the petitioner till 30.07.2019 and get all the formalities done with respect to payment, including the fresh filling up of the forms by the petitioner and forward the same to the Regional Provident Fund Commissioner, Patna.

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The Regional Provident Fund Commissioner, Patna must ensure at his own level to recalculate the interest and verify, as to whether, the recalculation approved by the Managing Director of the Co-operative Bank has some arithmetical mistake, then in that case he must accordingly advise and get all the formalities done within a period of six weeks in accordance with law after providing petitioner an opportunity to place his grievance.

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Accordingly, the present writ petition is disposed

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of.

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(Purnendu Singh, J)

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Niraj/-

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Samod Kumar v. The Managing Director, Bihar State Co-operative Bank Ltd.

Case brief

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Samod Kumar v. The Managing Director, Bihar State Co-operative Bank Ltd.

Case brief

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