Gopal Sharma v. The State Of Bihar, Through Sri Amrit Lal Mina, The Principal Secretary, Road Construction Departme

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1712 of 2018 In Letters Patent Appeal No.554 of 2017 ====================================================== Gopal Sharma, son of Late Ramashray Sharma, resident of Village - Neura, P.S. - Bihta (Neura), District - Patna.

... ... Petitioner.

Versus

1.

The State of Bihar, through Sri Amrit Lal Mina, the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna. 2.

The Regional Provident Fund Commissioner, Patna through its Kuwar Jang Bahadur.

3.

The Regional Manager, Life Insurance Corporation of India, through P. Bhattacharya.

4.

The Deputy Commissioner cum Engineer-in-Chief through Laxmi Narayan Das, Road Construction Department, Patna.

5.

The Chief Engineer, through Ashok Kumar Mechanical Way, Road Construction Department, Bihar, Patna.

6.

The Superintendent Engineer, through Ashok Kumar Mechanical Circle, National High Way, Punaichak, Patna, Bihar.

7.

The Executive Engineer, (Mechanical), through V.K. Sinha, Division Sahebganj (Bhagalpur).

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Ramanuj Tiwary, Advocate.

For the State :

Mr. Dinesh Maharaj, AC to AAG-11.

For O.P. No.2 :

Mr. Madhav Krishna, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 29-07-2024 The present M.J.C./Contempt Petition is filed for non-compliance of the orders of this Court dated 15.01.2018 passed in L.P.A. No.554 of 2017 (vide Annexure-1). It is very short order and it is read as under:

"In case the Provident Fund dues of the appellant have not been paid, he may claim refund of the same by approaching the learned Provident Fund Commissioner under the Employees Provident Fund &

Patna High Court MJC No.1712 of 2018 dt.29-07-2024 2/2 Miscellaneous Provisions Act, 1952 along with the relevant documents and proof of his claim and it would be for the learned Provident Fund Commissioner to consider and take a decision with regard to the claim in question.

With the aforesaid liberty granted to the appellant, the appeal is disposed of."

2. Learned counsel for the respondents submitted that the representation at Annexure-2 dated 05.02.2018 is in respect of General Provident Fund and the same has been decided in favour of the petitioner.

3. On this issue, learned counsel for the petitioner pointed out page 16 of the present M.J.C./Contempt Petition.

4. On the other hand, perusal of C.W.J.C. No.16843 of 2016, petitioner's grievance is in respect of release of Provident Fund.

5. In the light of these developments, the present M.J.C./Contempt Petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.07.2024.

Transmission Date NA