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Bombay High CourtWP/5241/2015dispossed offdismiss for default

Sheikh Nijam S/O. Sheikh Mohmood v. Maha. State Road Transport Corporation, Thr. Divisional Controller, M.S.R.T.C. Yavatmal, And Others

2016-06-22Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain2 pages

2206wp5241.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5241 OF 2015 (Sheikh Nijam s/o Sheikh Mahmood vs. Maharashtra State Road Transport Corporation and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri C.V. Jagdale, Advocate for petitioner.

Shri V.G. Wankhede, Advocate for respondent no.1. Shri H.N. Verma, Advocate for respondent no.2. ------ CORAM : B.P. DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

DATED : JUNE 22, 2016 Adv. Wankhede for respondent no.1 points out that amount of provident fund claimed by petitioner is already deposited in Provident Fund Trust of Maharashtra State Road Transport Corporation and petitioner can withdraw the amount. We find that the Authorities functioning under the Employees Provident Fund Act have issued notice to respondents way back on 8/11/2012. The petition has been filed thereafter on 10/8/2015. The amount of dues appears to be Rs.21,230/-. For this paltry amount, petitioner has been made to wait for a period of about four years and spend on litigation.

2206wp5241.15 2/2 We, therefore, direct respondent no.1 to pay to petitioner amount of rupees three thousand as costs in the matter. The petitioner is given liberty to withdraw the amount in deposit towards his Provident Fund.

The petition is thus partly allowed and disposed of.

JUDGE JUDGE khj