Binod Kumar Bhattacharya v. Bihar State Road Transport Corporation

17. Binod Kumar Bhattacharya S/o-Late Sripatichand Bhattacharya, R/o-Swasti Tola Road, P.S.-Chuchura, District- Hoogly (West Bengal).

18. Devanti Devi W/o-Late Ramanand Prasad, R/o- Lalita Bhawan, Holding 28, A-Road, P.S.-Jamshedpur, District- Jamshedpur (Jharkhand).

19. Dinesh Kharwar S/o-Late Kamla Ram, R/o- Dullapur Bazar, P.S.-Buxar, District-Buxar.

20. Anirudh Kumar Singh S/o-Late Bishwanath Prasad Singh, R/o-Kinger, P.S.- Patna High Court CWJC No.11316 of 2023 dt.15-09-2023 Arwal, District-Arwal.

21. Rehana Khatoon, W/o-Late Moinuddin, R/o-Village- Bishanpur, P.O.- Pachamba, P.S.-Giridih, District-Giridih (Jharkhand). ... ... Petitioner/s Versus Bihar State Road Transport Corporation Through its Administrator, Parivahan Bhawan, Birchand Patel Path, Patna-800001. The Administrator, Bihar State Road Transport Corporation, Parivahan Bhawan, Birchand Patel Path, Patna-800001. The Financial Advisor-cum-chief Accounts Officer, Bihar State Road Transport Corporation, Parivahan Bhawan, Birchand Patel Path, Patna- 800001. The Regional Provident Fund Commissioner, E.P.F.O., R-Block, Patna. The Assistant Provident Fund Commissioner (P and A), Bihar, Patna.

5. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For B.S.R.T.C. : : Mr. Onkar Nath, Advocate Mr. Prabhat Kumar Verma, Sr. Advocate Mr. Jainendra Kumar Sinha, Advocate Dr. Mankeshwar Tiwari, Advocate Mr. Hari Shankar Roy, Advocate Mr. Prashant Sinha, Advocate For the E.P.F.O. For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH : : Date : 15-09-2023 ORAL JUDGMENT Heard Mr. Onkar Nath, learned counsel appearing on behalf of the petitioners, Mr. Prabhat Kumar Verma, learned senior counsel assisted by Mr. Jainendra Kumar Sinha, learned counsel appearing on behalf of the Bihar State Road Transport Corporation, Mr. Hari Shankar Roy, learned counsel appearing on behalf of the Employee Provident Fund Organization and Mr. Prashant Sinha, learned counsel for the State.

2. Learned counsel appearing on behalf of 21 petitioners, who have sought direction of this Court that a Patna High Court CWJC No.11316 of 2023 dt.15-09-2023 direction be issued to the concerned respondent to refund the contribution, which they have deposited towards pension/family pension. Petitioners have claimed the refund as sought for in the present writ petition, being the employees of the Bihar State Road Transport Corporation (hereinafter referred to as the ‘Corporation’), or being legal representative of the deceased employee of the Corporation. Learned counsel submitted that the petitioners have already filed a detailed representation through their union, however, in the present writ petition, they have sought relief(s) which is identical to all the petitioners. Learned counsel has admitted that the detailed facts have not been stated in the present writ petition. The petitioners seek to file detailed separate representations before the Administrator of the Corporation, including filling up of the ‘Form-10(C)’, which is required as per the provision of Employees Provident Fund.

3. Mr. P.K. Verma, learned senior counsel appearing on behalf of the Corporation submitted that due cooperation will be provided to the petitioners, if they willingly file ‘Form-10(C)’, which is required to facilitate the apportionment of the required fund to be paid by the Corporation and the Regional Provident Fund Office jointly.

4. Learned counsel appearing on behalf of the Patna High Court CWJC No.11316 of 2023 dt.15-09-2023 Regional Provident Fund Commissioner submitted that once the requisite form is forwarded by the Corporation to the Regional office with respect to the individual petitioner, the same will be taken into consideration and payment will be made in accordance with the provision of the Act within a period of four weeks from the date of submission of ‘Form-10(C)’.

5. Considering the rival submissions made on behalf of the respective parties, as well as, the fact that the petitioners have accepted that writ petition is devoid of detail facts relating to the individual petitioners, the petitioners seek to file detailed representation along with prescribed ‘Form-10(C)’ in accordance with the provision of the Employees Provident Fund within a period of two week along with all the documents relating to the service records of the individual employee of the corporation. It is made clear that the Corporation is the custodian of the service particulars of its employees and it appears that some of the employees may have retired from the State of Jharkhand, in that case, in light of the provision of Bihar Reorganization Act, 2000, the Accounts officer of the Corporation is directed to verify the records relating to the respective employees from the records available with the Corporation including the accounts of the individual employees, Patna High Court CWJC No.11316 of 2023 dt.15-09-2023 who are before this Court through their representative or on their own with respect to the cadre division in accordance with the reorganization.

6. In case, the Administrator, finds it proper to call for the service records relating to the individual petitioners from the Accounts Officer of the Corporation, the same be done within the aforesaid period and, thereafter, ensure to make payment as per their entitlement within a period of six weeks from the date of filing of the individual representation filed by the respective petitioners within the aforesaid period in accordance with law.

7. With above observations and directions, the present writ petition is disposed of. (Purnendu Singh, J) Niraj/- AFR/NAFR CAV DATE Uploading Date Transmission Date N.A.F.R. N/A 20.09.2023 N/A