1 ` IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5399 OF 2009 Prabhakar s/o Yadavrao Mate - PETITIONER VERSUS 1) The State of Maharashtra and others. - RESPONDENTS ***** Mr.P.B.Rakhunde, Advocate for Petitioner; Mr.V.D.Rakh,AGP for Respondent No.1. Mr.AS Bajaj, Advocate for Resp.Nos. 2 to 4; Mr.K.B.Choudhari, Standing Counsel for Resp.No.5; Mr.V.P.Golewar, Advocate for Resp.No.6. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 20th November, 2009. PER COURT : . The petitioner seeks directions to Respondent nos.3 and 4 – CIDCO authorities, not to release the amount of provident fund in favour of Respondent No.6 – Union. 2) We have heard the learned Counsel for the parties and perused the provision of Section 7-A of the Provident Fund Act. 2 3) According to the learned Counsel for the petitioner, around seven persons, who did not discharge their duties as workers, find place in the List of workers of the contractor submitted to the Provident Fund authorities for getting the amount of provident fund, which is more than Rs. 43,00,000/-, which was deposited by the CIDCO authorities with the Provident Fund authorities. 4) Mr. Choudhari, learned Standing Counsel appearing for the Provident Fund authorities, submits that inquiry under Section 7-A of the Act is going on and the next date of hearing is scheduled on 7th December, 2009. 5) Without entering into much details, as regards the issue as to which of the labour/worker has actually worked with the contractor deserves benefit of provident fund amount, we observe that as stated by learned Counsel for the Provident Fund authorities that the inquiry under Section 7-A is in progress, the list of the workers/labourers submitted with the Provident Fund authorities, would be scrutinized to ascertain the real beneficiaries of the provident fund amount. The petitioner or any other similarly situated person, claiming to be beneficiary of the provident fund amount, is entitled to file an application before the 3 Provident Fund authorities to establish the claims. 6) The Respondent – Assistant Provident Fund Commissioner would consider the record; hear necessary parties, like CIDCO, representative of Respondent No.6-Union and other claimants, if any, to arrive at reasonable and proper conclusion in finalizing the list of beneficiaries of provident fund amount. The Provident Fund Commissioner shall also call record from the contractor concerned, and if necessary hear the contractor in person. 7) We direct representative of CIDCO to attend the hearing and cooperate with the Provident Fund Commissioner in the inquiry proceedings. The petitioner and the Respondent No.6 – union are also entitled to appear on the next date of hearing, scheduled on 7th December, 2009. 8) The inquiry shall be completed as early as possible, preferably within a period of three months from 7th December, 2009. 9) Needless to mention, after the list of beneficiaries of provident fund amount is finalized, the amounts of provident fund shall be 4 released/disbursed by the Respondent – Assistant Provident Fund Commissioner in the Provident Fund Account of the individual worker/labourer. 10) With these directions, the petition stands disposed of. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp5399.09