1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Civil Application No.2942 of 2010 IN Writ Petition No.2243 of 2003 [Khandelwar Tube Mill Kamgar Sangh Vs. State of Maharashtra & ohers] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr S.M. Puranik, Adv., for the applicants. Mr. N.W. Sambre, Govt. Pleader for respondent nos. 1 and 2. Mr. A.C. Dharmadhikari, Adv., for respondent nos. 5 and 7. Mr. R.S. Sundaram, Adv., for Intervener – Regional Provident Fund Commissioner. ---- CORAM : A.H. JOSHI AND P.B. VARALE, JJ. DATE : 01st April, 2011. 1. Heard learned Advocate Mr. S.M. Puranik for the applicants, learned Govt. Pleader Mr. N.W. Sambre for respondent nos. 1 and 2, learned Adv. Mr. A.C. Dharmadhikari for respondent nos. 5 and 7 and learned Adv. Mr. R.S. Sundaram for intervener – Regional Provident Fund Commissioner. 2. The applicants are praying for a direction to the Provident Fund Commissioner, Nagpur, to disburse to the workers the amount credited to it by State Bank of India, Kanhan 2 Branch, on behalf of the employer, towards Provident Fund dues, done under the orders of this Court passed on 11th August, 2005. 3. This prayer is opposed by the respondent no.5 by averments contained in para nos. 4 to 6 of the affidavit dated 21st March, 2011. 4. This objection is based on sole ground that the transfer of money done under the order of this Court shall be subject to outcome of orders as may be passed by this Court, and that once the amount passes from the hands of Provident Fund Commissioner, it would be difficult to recover it. 5. The respondent no.5 has not been able to show as to how:- [a] Applicants are not entitled to the amount. [b] In what right, Respondent No.5 can claim any right, whatsoever, over amount of contribution of employer and employees towards Provident Fund. 6. In the result, the applicants have made out a case for disbursement of amount of Provident Fund according to entitlement of each employee, according to law. 7. We, therefore, allow this application, 3 and direct the Intervener – Provident Fund Commissioner to disburse the Provident amount of employees of Khandelwal Brothers Ltd., the Company, subject-matter, according to law. 8. Civil Application is allowed in terms of foregoing para no.7. Judge Judge |hedau|