1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2169/2007 (Anil Rambhau Waragade VERSUS Mah. small scale Industries Development Corporation Limited & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D.V. Chauhan, counsel for the petitioner/applicant. Mr. B.B. Mehadia, counsel for the respondents. CORAM : S.A. BOBDE AND SMT. VASANTI A. NAIK, JJ. DATE : FEBRUARY 15, 2010. C.A.W. NO. 171/2010. The learned counsel for the applicant-petitioner prays for release of provident fund. According to the learned counsel for the applicant, the applicant is entitled to have his provident fund released since that amount cannot be withheld by the employer according to the Rules, though he may have been dismissed from service. The learned counsel for the applicant-petitioner relies on the Employees' Service Rules framed by the Maharashtra Small Scale Industries Development Corporation Ltd. The learned counsel for the respondents submits that the Corporation is willing to release the contribution of the employee but, not the contribution of the employer. 2 Since the respondents are not in a position to point out any Rule, which empowers them to withhold the provident fund contribution, we see no reason why the employer should be permitted to withhold the employer's contribution towards provident fund. In the circumstances of the case, we consider it appropriate to direct the respondents to release the entire provident fund to the petitioner. However, the petitioner shall give solvent surety to the satisfaction of the Registrar (Judicial) of this Court in respect of the employer's contribution. Order accordingly. The civil application is disposed of. JUDGE JUDGE APTE