SCA/28316/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 28316 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to civil judge ? ========================================================= NITUSINGH SUKHBIRSINGH NANDA - Petitioner(s) Versus REGIONAL COMMISSIONER & 1 - Respondent(s) ========================================================= Appearance : MR PUNIT B JUNEJA for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6 MR NIRAL R MEHTA for Respondent(s) : 1, MR NACHIKET A DAVE for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 28/08/2008 ORAL JUDGMENT In this petition, the petitioner has prayed for direction to the respondent No.1 to initiate action against the respondent No.2 for recovering the unpaid contribution towards provident fund in respect of the wages / allowances paid to the workman during the SCA/28316/2007 2/5 JUDGMENT period of suspension. Another prayer is that the respondents may be directed to pay family pension to the heirs / dependents of the concerned workman. So far as the claim for payment of family pension to the heirs / dependents of the deceased workman is concerned, Mr. Mehta submitted that as per the provisions of the scheme, the family pension is paid only to the minor heirs / dependents (i.e. those who have not attained the age of 25 years) of the concerned workman and the department has already made payment of arrears and if there are any heirs / dependants who have not yet attained age of 25 years the department will pay, on the basis of the details which may be supplied by the petitioner about such heirs / dependents of the concerned workman and the department would continue to pay family pension amount to them in accordance with the scheme. In view of that assurance by Mr. Mehta on behalf of the department, the main grievance / cause of action for present petition does not survive. SCA/28316/2007 3/5 JUDGMENT So far as the petitioner's prayer for direction to the respondent No.1 to recover the amount towards P.F. contribution from respondent No.2 in respect of the amounts paid to concerned workmen towards allowances including suspension allowance is concerned, Mr. Mehta has informed the court and made a statement under instructions from the respondent No.1 that the respondent No.1 shall initiate necessary proceedings under the provisions of the Act against the respondent No.2, in accordance with law, so as to determine the quantum of unpaid contribution, if there is any, in respect of the concerned deceased workman and will try to complete such inquiry / proceedings and recover proceedings as expeditiously as possible and in any case before 31st December, 2008. Mr. Dave for respondent No.2 submitted that no amount is unpaid towards the provident fund of the concerned deceased workman and nothing is due or payable by it. He also submitted that even otherwise, the contribution is neither deductible from nor payable from amount paid towards suspension allowance. It is clarified that in the proposed inquiry all these aspects would be SCA/28316/2007 4/5 JUDGMENT considered by respondent Nos.1 and opportunity of hearing shall be given to respondent No.2 also. So as to expedite and facilitate the payment of family pension including arrears, the petitioner is directed to provide details about the total number i.e. legal heirs / dependents of the deceased workman along with the details of their names and their age with supporting evidence like birth certificate, etc., and also details about the dates from which according to the petitioner, the amount has remained unpaid. Upon receiving such application/details, the respondent No.1 shall immediately scrutinize the same and pass necessary orders within 3 weeks from the receipt of application/details. It is also clarified at this stage that the prayer with regard to the interest on the said amount is not entertained and the same is rejected. In view of the said statement by Mr. Mehta, Mr. Janeja for the petitioner submits that the grievance of the petitioner is satisfied and that therefore, SCA/28316/2007 5/5 JUDGMENT the cause of action of the present petition does not survive. He, therefore, in light of the said statement of Mr. Mehta, seeks leave to withdraw present petition. Mr. Mehta for respondent No.1 and Mr. Dave for respondent No.2 has no objection. Hence, the petition is disposed off as withdrawn, however, with aforesaid clarification and directions. Notice discharged. Interim relief if any stands vacated forthwith. [K.M.Thaker, J.] kdc