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Bombay High CourtWP/7076/2018disposed off

Digambar Shankar Jawale v. The State Of Maharashtra Through Principal Secretary And ORS

2022-10-19Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

48.7076.18-wp.docx BASAVRAJ GURAPPA PATIL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7076 OF 2018 BASAVRAJ GURAPPA PATIL Date: 2022.10.20 12:16:31 +0530 Digambar Shankar Jawale ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr.Vaibhav V. Ugle for the Petitioner Mr. K. S. Thorat, AGP for Respondent Nos.1 and 3 Mr. Neel Helekar for Respondent Nos.2 and 4

CORAM:

S.V.GANGAPURWALA & R.N. LADDHA, JJ.

DATED :

OCTOBER 19, 2022 P.C.

The grievance of the Petitioner is with regard to the non payment of provident fund amount.

According to the learned Counsel for the Petitioner, on 28th February 2020 all the documents have been submitted by the Petitioner to the Bank. As yet, the amount of the provident fund is not released.

Mr. Neel Helekar, the learned Counsel for the Respondent Bank, on instructions, submits that the Bank has not received the documents.

Basavraj 1/2

48.7076.18-wp.docx The learned Counsel for the Petitioner submits that last week the copies of the said documents have been given to the learned Advocate for the bank. The same be deemed to be given to the bank. The Bank shall process the same as per the Rules and further steps be taken with regard to the payment of the said amount as may be permissible under the law expeditiously, preferably, within three months.

As far as the claim for gratuity is concerned, it has been recorded by this Court under its order dated 21st January 2019 and the order dated 21st February 2020 that the Petition is restricted to the extent of provident fund claim.

The Petitioner, if he has any grievance with regard to the payment of gratuity, the Petitioner may approach the Authority constituted under the provisions of the Payment of Gratuity Act. In that event all contentions of the Petitioner and the Respondents are kept open.

The Writ Petition is disposed of. No costs. (R.N. LADDHA,J.) (S.V. GANGAPURWALA, J.) Basavraj 2/2