Kanti Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1697 of 2013 ====================================================== Kanti Devi W/o Late Baldeo Prasad, resident of Awasthighat, P.S. Danapur, District - Patna .... .... Petitioner/s

Versus

1. The Union of India through Secretary, Ministry of Labour, New Delhi

2. Employee Provident Fund Organization through Regional Provident Fund Commissioner, Bihar, Patna

3. Assistant Provident Fund Commissioner (Pension) Bihar, Patna

4. Bata India Ltd. Bataganj, Patna - 18, through its General Manager/Unit Manager .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Manoj Kumar Ambastha, Advocate For the Respondent/s : Mr. N. A. Shamsi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-01-2015 None appears on behalf of the petitioner.

Counsel for the Provident Fund Department and Union of India are present.

Counsel for the Provident Fund Department files a counter affidavit in which it is stated that the writ petition suffers from vice of gross laches of delay and inasmuch as the order passed on 11.1.2008 has been sought to be challenged after five years. It is further submitted that it is pursuant to the order passed by this Court in CWJC No. 12161 of 2005 that the matter had been enquired into and whereafter order has been passed and communicated to the late husband of the petitioner who never

Patna High Court CWJC No.1697 of 2013 (5) dt.09-01-2015 sought to question the same.

Mr. Prashant Sinha appearing on behalf of the Department further submits that even on merit, the calculation has been made as per the provisions in the Scheme and requires no interference.

However, since none appears on behalf of the petitioner to press this writ petition, it is dismissed for non-prosecution. (Jyoti Saran, J) S.Sb/- U