1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 19 OF 2009 Bhalchandra s/o. Baburao Wani ....Petitioner. Versus Chairman, Tandulwadi Hingone Group Co-operative Fruit Sell Society Ltd, Kazgaon & another ....Respondents. Shri. V. D. Gunale, Advocate for the petitioner. Shri. R.L. Kute h/f. Shri. V.R. Dhorde, Advocate for the respondents 1 & 2. CORAM : R.K. DESHPANDE, J. DATE : 5th November, 2009 ORAL ORDER : 1. This contempt petition complains willful disobedience of the judgment and order dated 28th of April 2008 passed by this Court in Writ Petition No. 587/2000 and Writ Petition No. 707/2000. By this judgment and order, this Court held that the present petitioner shall be entitled to all terminal benefits including provident fund, gratuity etc. which shall be payable within a period of three months from the date of the judgment i.e. 28.4.2008. The complaint in the instant contempt petition 2 is that the amount of provident fund has not been paid to the petitioner by the respondents within a period stipulated by this Court. 2. Shri. Gute, the learned counsel appearing for the respondent Nos. 1 and 2 has tendered the cheque dated 16.6.2009 for an amount of Rs. 31,865.40, drawn at the Jalgaon District Central Co-operative Bank Ltd., in the name of the petitioner which Shri. Gunale the learned counsel for the petitioner has accepted. However, there is a dispute as to the quantum of the amount of provident fund. Shri. Gunale states that the amount of provident fund would be much more than the amount which is given by this cheque and hence, he has accepted the cheque for and on behalf of the petitioner under protest without prejudice to the rights of the petitioner. 3. There is some delay in compliance with the order passed by this Court. The same is explained and hence, no action is called for contempt. This Court has not quantified the amount of provident fund in the judgment and order dated 28th of April 2008 and hence, it cannot be said that the respondents have willfully disobeyed or committed breach of the order passed by this Court. However, according to Shri. Gunale, the learned counsel appearing for the petitioner, this amount is very meagre and does not satisfy the entitlement of the petitioner. In view of this, the question as to quantum of amount to which the petitioner is entitled is left open and the petitioner shall be at liberty to 3 take such appropriate proceedings for calculation of the provident fund in accordance with the rules and its payment along with interest, if payable thereon. The instant contempt petition is, therefore, dismissed, leaving it open for the petitioner to adopt all such remedies as are available to him in law to establish the amount of provident fund payable to him and to recover the same along with interest from the respondents. The dismissal of this contempt petition shall not come in the way of petitioner for claiming such relief. [ R.K. DESHPANDE, J. ] ssc/cp19.09