Bishwanath Ram and ors. Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988 [c.a. no. 59/1988]section 173(1) proviso; [d. biswas, amitava roy & i.a.ansari, jj] appeal without statutory deposit but within limitation/or extended period of limitation maintainability - held, if the provision of a statute speaks of entertainment of appeal, it denotes that the appeal cannot be admitted to consideration unless other requirements are complied with. the provision of sub-section (1) of section 173 permits filing of an appeal against an award within 90 days with a rider in the first proviso that such appeal filed cannot be entertained unless the statutory deposit is made. the period of limitation is applicable only to the filing of the appeal and not to the deposit to be made. it, therefore, appears that an appeal filed under section 173 cannot be entertained i.e. cannot be admitted for consideration unless the statutory deposit is made and for this purpose the court has the discretion either to grant time to make the deposit or not. no formal order condoning the delay is necessary, an order of adjournment would suffice. the provisions of limitation embodied in the substantive provision of the sub-section (1) of section 173 of the act does not extend to the provision relating to the deposit of statutory amount as embodies in the first proviso. therefore an appeal filed within the period of limitation or within the extended period of limitation, cannot be admitted for hearing on merit unless the statutory deposit is made either with the memo of appeal or on such date as may be permitted by the court. no specific order condoning any delay for the purpose of deposit under first proviso to sub-section (1) of section 173 is necessary. [new india assurance co. ltd. v md. makubur rahman, 1993 (2) glr 430 and new india assurance co. ltd. v smt rita devi, 1997(2) glt 406, approved. new india assurance co. ltd. v birendra mohan de, 1995 (2) gau lt 218 (db) and union of india v smt gita banik, 1996 (2) glt 246, are not good law]. - 9. in view of the averments made in the wilt petition as well as the stand taken by the district provident officer, sahibganj in his counter affidavit this writ petition is disposed of with a direction to the director, primary education, government of jharkhand to look into the grievance of the petitioners and to take appropriate action against the erring officials after fixing responsibility for non-payment of legal dues of the petitioners towards g.orderamareshwar sahay, j.1. all the petitioners, who have retired from the service as teachers on different dates from their respective schools of the district of sahibganj, have prayed in this writ application for direction to the respondents for payment of their provident fund amount which was deducted prior to 1976-77.2. it is stated that the schools in question in which they were posted as teachers were taken over by the government of bihar in the year 1976. it is further stated that from the date the school was taken over, their provident fund amount has already been paid but the amount of provident fund deducted prior to 1976-77 have not been paid to them as because the respondent no. 3 i.e. the district superintendent of education, sahibganj has not issued the required certificate regarding deduction of provident fund amount prior to 1976-77.3. inspite of the fact that this court gave direction to the learned addl. advocate general to seek instruction from the district superintendent of education, sahibganj and dumka and to file counter affidavit but no. such counter affidavit has been filed. however, counter affidavit has been filed by the district provident fund officer, sahibganj who is the respondent no. 4 in the present writ petition. it has been stated in the counter affidavit filed by the district provident fund officer that prior to taking over the schools i.e. 1976, no challan has been submitted by the district superintendent of education, sahibganj giving details of deposited amount of provident fund. it is further stated that vide letter dated 14.2.2001 as contained in annexure b to the counter affidavit, the deputy commissioner, sahibganj directed the district superintendent of education, sahibganj to furnish the details of amount deducted from the salaries of the teachers including the petitioners towards gpf and reminder was also sent under signature of the commissioner, provident fund. accountant administration, finance department, government of bihar to the district superintendent of education, sahibganj but no reply is received from him. therefore, it is asserted that unless and until the detail of the contributory amount is received from the district superintendent of education, sahibganj, it is not possible to make payment of g.p.f. to the petitioners.9. in view of the averments made in the wilt petition as well as the stand taken by the district provident officer, sahibganj in his counter affidavit this writ petition is disposed of with a direction to the director, primary education, government of jharkhand to look into the grievance of the petitioners and to take appropriate action against the erring officials after fixing responsibility for non-payment of legal dues of the petitioners towards g.p.f. and to take all possible steps so that the petitioners, who are the retired teachers, are paid their legal dues within the period of two months from the date of receipt/ production of a copy of this order. the director, primary education, government of jharkhand, is further directed to inform this court regarding action taken by him against the erring officials pursuant to the order of this court.

Judgment:
ORDER

Amareshwar Sahay, J.

1. All the petitioners, who have retired from the service as teachers on different dates from their respective schools of the District of Sahibganj, have prayed In this writ application for direction to the respondents for payment of their provident fund amount which was deducted prior to 1976-77.

2. It is stated that the schools in question in which they were posted as teachers were taken over by the Government of Bihar in the year 1976. It is further stated that from the date the school was taken over, their provident fund amount has already been paid but the amount of provident fund deducted prior to 1976-77 have not been paid to them as because the respondent No. 3 i.e. the District Superintendent of Education, Sahibganj has not issued the required certificate regarding deduction of provident fund amount prior to 1976-77.

3. Inspite of the fact that this Court gave direction to the learned Addl. Advocate General to seek instruction from the District Superintendent of Education, Sahibganj and Dumka and to file counter affidavit but no. such counter affidavit has been filed. However, counter affidavit has been filed by the District Provident Fund Officer, Sahibganj who is the respondent No. 4 in the present writ petition. It has been stated in the counter affidavit filed by the District Provident Fund Officer that prior to taking over the schools i.e. 1976, no challan has been submitted by the District Superintendent of Education, Sahibganj giving details of deposited amount of Provident fund. It is further stated that vide letter dated 14.2.2001 as contained in Annexure B to the counter affidavit, the Deputy Commissioner, Sahibganj directed the District Superintendent of Education, Sahibganj to furnish the details of amount deducted from the salaries of the teachers including the petitioners towards GPF and reminder was also sent under signature of the Commissioner, Provident Fund. Accountant Administration, Finance Department, Government of Bihar to the District Superintendent of Education, Sahibganj but no reply is received from him. Therefore, it is asserted that unless and until the detail of the contributory amount is received from the District Superintendent of Education, Sahibganj, it is not possible to make payment of G.P.F. to the petitioners.

9. In view of the averments made in the wilt petition as well as the stand taken by the District Provident Officer, Sahibganj in his counter affidavit this writ petition is disposed of with a direction to the Director, Primary Education, Government of Jharkhand to look into the grievance of the petitioners and to take appropriate action against the erring officials after fixing responsibility for non-payment of legal dues of the petitioners towards G.P.F. and to take all possible steps so that the petitioners, who are the retired teachers, are paid their legal dues within the period of two months from the date of receipt/ production of a copy of this order. The Director, Primary Education, Government of Jharkhand, is further directed to Inform this Court regarding action taken by him against the erring officials pursuant to the order of this Court.