Most. Jaibun Khatoon v. The Union Of India And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7039 of 2015 ====================================================== Most. Jaibun Khatoon; W/o Late Tahir Hussain; Resident of Village Gobar Sithha; P.O. Gobar Sithha; P.S. Kalyanpur; District- Samastipur ... ... Petitioner/s

Versus

1. The Union Of India through Secretary Industry Department Govt. of India, New Delhi.

2. The General Manager Jute Corporation of India Ltd. 15N Nellie Sen Gupta Sarani, Kolkata -700087

3. The Trustee, J.C.I. contributory Provident Fund, 15 Nellie Sen Gupta Sarani, Kolkata -700087

4. The Regional Manager, Jute Corporation of India, N.A. 31, Purnea.

5. D.P.C. Manager (I/c), The Jute Corporation of India Ltd., Katihar DPC, At & P.O. - Tingachhiya, District - Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Respondent/s :

Mr. Sanjay Kumar, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-07-2023 Heard Mr. Bijay Bhushan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar, learned ASG for the respondents.

2. It has been informed that petitioner had made application for voluntary retirement in accordance with the rules and regulation of the organization, however, the same was not accepted. The deceased employee had the status of regular employee and as such his entitlement for receiving Contributory Provident Fund cannot be denied in accordance with the prevailing rules.

3. The respondent no. 3 - The Trustee, J.C.I. contributory Provident Fund, 15 Nellie Sen Gupta Sarani,

Patna High Court CWJC No.7039 of 2015(7) dt.11-07-2023 2/2 Kolkata, must ensure to verify the records relating to the deceased employee, who is the husband of the petitioner with respect to Contributory Provident Fund and ensure the payment of the same to the petitioner on account of the death of the deceased employee while he was in service.

4. If the respondent no. 3 finds that petitioner is not entitled then in that case, a notice must be issued to the petitioner within a period of two weeks from the date of communication and, thereafter, the matter relating to the entitlement of the petitioner with respect to payment of Contributory Provident Fund must be decided within further period of four weeks after giving proper opportunity of hearing to the petitioner.

5. The payment must be made along with up-to-date statutory interest till the date of payment.

6. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani U