1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.228/2004. : : Pradeep Kumar Jain Vs. United India Insurance Co.Ltd.& Ors. : : Date of Order 20.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Anand Sharma for the petitioner. Mr.Vigyan Shah for Mr.Ashok Mehta for the respondents. The writ petition has been filed with grievance that the respondents be directed to release the amount of voluntary provident fund of the petitioner with interest @ 12% per annum and action of the respondents in not releasing such fund be held arbitrary. Learned counsel for the petitioner argued that the petitioner requested the respondents to make the payment of benefit of voluntary provident fund and in this connection an application has been submitted by the petitioner for release of such amount but the respondents did not pass on the request to the Provident Fund Department. It has also been argued that a notice for demand of justice has been served 2 on the respondents requesting to the respondents to make payment of amount of voluntary provident fund but no heed was paid by the respondents. Learned counsel for the respondents has contested the claim of the petitioner and argued that respondents have asked the petitioner to submit the application for refund of voluntary provident fund in the prescribed format but the petitioner instead of doing so filed the present writ petition. Thereafter the petitioner has submitted application in the prescribed format and the application was immediately processed and sent to the Provident Fund Department, from where the payment was received by the Company and the same was forwarded to the petitioner. A notice for demand of justice straightaway could not be treated as application and before service of such notice the petitioner should have actually applied for release of the amount of voluntary provident fund as this fund is different from ordinary provident fund. In the result, this writ petition is disposed of with direction to the petitioner to submit application to the 3 respondents to release the amount of voluntary provident fund which shall be considered and the amount shall be released at the earliest. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.47.