Pashupati Nath Pandey vs The Union of India (UOI) and Others

D.N. Patel, J.—Learned counsel for the petitioner submitted that though the father of the present petitioner expired on 21st February, 2000, the provident fund amount has not yet been paid to the petitioner and therefore, this writ petition has been preferred.

It is also submitted that the father of the present petitioner was an employee of respondent No. 4, before his death.

Learned counsel appearing on behalf of respondent Nos. 1 to 3 submitted that no claim has been raised by the petitioner before respondent Nos. 1 to 3 and if proper application in proper format, as required under the Employees'' Provident Funds and Miscellaneous Provisions Act, 1952 (in short ''the Act'') is preferred, it will be decided by respondent Nos. 2 and 3, without any loss of time and in accordance with the Act, 1952.

Learned counsel for the petitioner submitted that he is ready and willing to go before respondent Nos. 2 and 3 with proper application in proper format, as required under the Act, 1952, but, it is submitted by the learned Counsel for the petitioner that let a direction may be given to the respondents to decide such an application, preferred by the petitioner, within stipulated time.

In view of these submissions and looking to the limited controversy between the parties and as no application has been preferred by the present petitioner under the Act, 1952 before respondent Nos. 2 and 3, I hereby, direct respondent Nos. 2 and 3 to decide an application, if preferred by the present petitioner before respondent Nos. 2 and 3, under the Act, 1952, as expeditiously as possible and practicable, preferably within a period of sixteen weeks, from the date of receipt of such an application, preferred by the petitioner, in accordance with law, rules, regulations and policies and the claims, which are framed under the Act, 1952. The petitioner shall also cooperate the enquiry to be held by respondent Nos. 2 and 3.

In view of the aforesaid observations and directions, this writ petition is disposed of.