Dr. Muzaffar Mallick and Others vs State of Bihar and Others

Radha Mohan Prasad, J.

Order (dt. 5.7.2006)

Earlier a show cause on behalf of the District Provident Fund Officer, Patna was filed. Today a show cause on behalf of the Joint Commissioner-cum-Director, General Provident Fund Office, Patna has been filed. It is stated that as the claim regarding payment of up-to-date statutory interest was declined by the District Provident Fund Officer pursuant to some instruction received from the Director, Provident Fund, the abovementioned show cause has been filed.

Having heard learned counsel for the petitioner, learned counsel for the State and after going through the show cause filed on behalf of the Joint Commissioner-cum-Director, this Court prima facie finds that both the said authorities have acted in gross violation of the law settled by this court with respect to payment of up-to-date statutory interest on provident fund.

Accordingly, as prayed, learned counsel for the petitioner is permitted to add the Joint Commissioner-cum-Director, General Provident Fund Office, Patna as opposite party No. 4.

Under such circumstances, this Court initiates contempt proceeding against the opposite party Nos. 3 & 4. Both are directed to personally appear before this court on Monday next i.e. 10.7.2006 and file further show cause, if any, as to why they be not held guilty and be not adequately punished for committing contempt.

As prayed, let a copy of this order be supplied to the learned counsel for the State.

Order (dt. 10.7.06)

Pursuant to the order dated 5.7.2006, the District Provident Fund Officer, Patna & Joint Commissioner-cum-Director General, Provident Fund Office, Patna have personally appeared and a show cause has been filed on their behalf.

In view of the order dated 15.1.2001 passed in L.P.A. No. 1164 of 2000," Mr. Advocate General appearing for the said opposite parties has fairly produced a photocopy of the authority issued for payment of the remaining amount of up-to-date statutory interest on provident fund for Rs. 7,09,253/- which has been handed over to the learned counsel for the petitioner.

A copy of the aforesaid authority has been kept on record.

It has been assured that payment pursuant to the said authority shall be made to the petitioner within three days of the receipt of a copy of this order. Under such circumstances, the apology tendered by the said opposite parties are accepted and accordingly, this M.J.C. application is disposed of.