IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1579 of 2011 Md. Mehdi Hussain, s/o- Md. Tasour Hussain, r/o- village Dhamar, P.O.- Dhamar, District- Arraha ………. Petitioner. Versus 1. The Union Of India through Secretary, Labour Employment, Government of India. 2. The Secretary, Labour and Employment, Government of India. 3. The State Co-operative Land Development Bank, Simit Bihar and Jharkhand, Budha Marg, Patna through its Managing Director. 4. The Managing Director, State Co-operative Land Development Bank, Simit Bihar and Jharkhand, Budha Marg, Patna. ….. Respondents For the petitioner : Mr. Azeem, Advocate For the Bank : Mr. Bipin Bihari Singh, Advocate For the Govt. of India : Mr. S.A. Hasan, Asst. Solicitor General. ---------------------------------- 4 18.08.2011 Heard learned counsel for the petitioner, learned counsel for the respondent State Cooperative Land Development Bank and learned Assistant Solicitor General for respondent Nos. 1 and 2. Petitioner has sought an appropriate direction/order commanding the respondent authorities of the respondent Bank to pay the sanctioned amount of loan against the Provident Fund accounts as he required the said amount for the purpose of marriage of his daughter. The stand of the respondent Bank in the counter affidavit is that the Bank has been declared as the Multi State Cooperative Societies under the provisions of Multi-State Cooperative Societies Act, 2002 (for short “the Act 2002”). In terms of Section 69 of the Act 2002, a Multi-State Cooperative Society having adequate number or class of employees as prescribed can establish a Contributory Provident Fund for the 2 benefit of its employees. Rule 26 of the Rules framed under the Act 2002 prescribes that every Multi-State Cooperative Society which has in its service 10 or more employee, shall establish Contributory Provident Fund referred to in sub-section (1) of Section 69. The purpose and mode of preparation of the fund has been set out therein. It is the stand of the Bank that under the provisions of the Act and the Rules framed thereunder, the approval has to be obtained from the Government of India in the concernd Ministry of Labour and Employment, Government of India. In the counter affidavit filed on behalf of respondent Nos. 1 and 2, the following stand has been taken in paragraph 13: “13. That since there is a parliament enactment dealing the service and service condition and the other benefits to the employees as well as manner prescribed for the organization registered under the Multi State Cooperative Societies Act and no other method is permissible in the eye of law. The Govt. of India is the authority to consider and decide the issue of the Provident Fund Committee Approval and exemption if needed. It is further submitted that if the employees of the Bank are no longer interested to keep their accounts in the Provident Fund then they can not be compelled to keep their accounts. Rather it is the duty of the Bank to constitute a Board of Trustee Committee and after completing the formalities obtain the approval by the Government of India and function properly.“ It, thus, appears from the pleadings on record and the submission of the parties that the Bank has already constituted Board of Trust Committee and approval thereon is required from the concerned Ministry of the Government of India for which the respondent Bank has already moved by the communication dated 3.1.2011 (as contained in Annexure-A to the counter 3 affidavit filed on behalf of respondent Nos. 3 and 4). It appears that the said matter is pending before the respondent No. 2 (Secretary, Labour and Employment, Government of India). It is agreed at Bar that the present application be disposed of directing the aforesaid respondent No.2 to take a final decision in the matter within a specified period of time. Having heard the parties and on perusal of the materials on record, this Court disposes of the application by the following order: Let the respondent No. 2 (Secretary, Labour and Employment, Government of India) consider and dispose of in accordance with law the request made by the respondent Bank as contained in letter dated 3.1.2011 (Annexure-A to the counter affidavit filed on behalf of the respondent Nos. 3 and 4) within six weeks from the date of receipt/production of a copy of this order. As soon as the approval is accorded, the respondent Bank shall disburse the amount to the petitioner within four weeks of the grant of approval. pkj ( Kishore K. Mandal, J.)