Giridhar Gopal Dalmia and anr. Vs. the Regional Provident Fund Commissioner and ors. - Court Judgment

Excerpt:
the court:-this application is taken out in connection with w.p no.2099 of 2005, which was disposed of by this court on 15th june, 2009. in the present application, prayers have been made in substance for correction of recordable of certain submissions of mr.mookherjee, learned senior advocate in the order passed on 15th june, 2009. on 27th august, 2009, this matter was heard at length and the order passed by this court by which the writ petition was disposed of was modified to the extent submissions of mr.mookherjee, learned senior advocate was recorded in the order. the manner in which such modification shall be made has been clarified in the order passed on 27th august, 2009. i do not consider it necessary to make any further modification of the order passed by this court on 15th june, 2009, so far as the question of recordal of submission of mr.mookherjee is concerned. other points on which modification of the said order was prayed for is over use of the expression adjudication in the said paragraph of which modification was prayed for. again in the order passed on 27th august, 2009, i have explained the reasons as to why alteration of this expression would not be necessary. the application, however, was not disposed of on that date as learned counsel appearing for the provident fund authorities desired to file an affidavit. today when the matter is called on mr. kundu learned counsel appearing for the provident fund authorities, submitted that he has instruction not to file any affidavit in this matter. in these circumstances, i do not think any purpose would be served in keeping the present application pending. the question of maintainability of the application was examined by me on 27th august, 2009 and i have rejected the preliminary objection raised on the question of maintainability of the application. so far as recordal of submission of mr. mookherjee, learned senior advocate is concerned, i have already directed the manner in which such modification in the order is to be effected. i accordingly dispose of this application with a direction upon the provident fund authorities to deal with the application of mr.mookherjees client within a period of six weeks from the date of communication of this order. mr.mookherjees client has also prayed for refund of rs.5,00,000/- which was deposited as an interim arrangement and that aspect will also be examined by the concerned authority simultaneously, while hearing the application of mr.mookherjees client. though it is wholly unnecessary, mr. kundu, learned counsel invited an observation from this court that the provident fund authorities should deal with the matter in terms of the order of the honble supreme court. i do not think that there is any possibility for any authority in india to deal with the matter in a manner contrary to directions of the honble supreme court having regard to the provisions of articles 141 and 144 of the constitution of india. the present application shall stand disposed of accordingly. all parties concerned are to act on a signed photocopy of this order on the usual undertakings.

Judgment:
The Court:-This application is taken out in connection with W.P No.2099 of 2005, which was disposed of by this Court on 15th June, 2009. In the present application, prayers have been made in substance for correction of recordable of certain submissions of Mr.Mookherjee, learned Senior Advocate in the order passed on 15th June, 2009.

On 27th August, 2009, this matter was heard at length and the order passed by this Court by which the writ petition was disposed of was modified to the extent submissions of Mr.Mookherjee, learned Senior Advocate was recorded in the order. The manner in which such modification shall be made has been clarified in the order passed on 27th August, 2009.

I do not consider it necessary to make any further modification of the order passed by this Court on 15th June, 2009, so far as the question of recordal of submission of Mr.Mookherjee is concerned. Other points on which modification of the said order was prayed for is over use of the expression adjudication in the said paragraph of which modification was prayed for. Again in the order passed on 27th August, 2009, I have explained the reasons as to why alteration of this expression would not be necessary.

The application, however, was not disposed of on that date as learned Counsel appearing for the Provident Fund authorities desired to file an affidavit. Today when the matter is called on Mr. Kundu learned Counsel appearing for the Provident Fund authorities, submitted that he has instruction not to file any affidavit in this matter. In these circumstances, I do not think any purpose would be served in keeping the present application pending. The question of maintainability of the application was examined by me on 27th August, 2009 and I have rejected the preliminary objection raised on the question of maintainability of the application. So far as recordal of submission of Mr. Mookherjee, learned Senior Advocate is concerned, I have already directed the manner in which such modification in the order is to be effected.

I accordingly dispose of this application with a direction upon the Provident Fund authorities to deal with the application of Mr.Mookherjees client within a period of six weeks from the date of communication of this order. Mr.Mookherjees client has also prayed for refund of Rs.5,00,000/- which was deposited as an interim arrangement and that aspect will also be examined by the concerned authority simultaneously, while hearing the application of Mr.Mookherjees client.

Though it is wholly unnecessary, Mr. Kundu, learned Counsel invited an observation from this Court that the Provident Fund authorities should deal with the matter in terms of the order of the Honble Supreme Court. I do not think that there is any possibility for any authority in India to deal with the matter in a manner contrary to directions of the Honble Supreme Court having regard to the provisions of Articles 141 and 144 of the Constitution of India. The present application shall stand disposed of accordingly. All parties concerned are to act on a signed photocopy of this order on the usual undertakings.