G K GUPTA Vs. MANAGING DIRECTOR CIDC

JUDGEMENT

(1.) W.P.(S) Nos. 6510, 6511, 6512, 6513, 6514, 6515, 6516, 6517, 6518, 6519, 6520, 6521, 6522, 6523, 6524, 6525, 6526, 6527, 6528, 6529, 6530, 6531, 6532, 6533, 6534, 6535, 6536, 6537, 6538, 6539, 6540, 6541, 6542, 6543, 6544, 6545, 6546, 6547, 6548, 6549, 6550, 6551, 6552, 6553, 6554, 6555, 6556, 6557, 6558, 6559, 6560, 6561, 6562, 6563, 6564, 6565, 6566, 6567, 6568, 6569, 6570, 6571, 6572, 6573, 6574, 6575, 6576, 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6587, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, 6597, 6598, 6599 & 6600 of 2009 and W.P.(S) Nos. 1685, 1686, 1687, 1688, 1689, 1690, 1691, 1692, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 1729, 1730 & 1731 of 2010 and 6601 of 2009 involve the same question of law asto whether the petitioners are entitled to get interest on dearness allowances deposited under the Employees Deposit Fund Scheme and by which rate Therefore, they are being considered and disposed of by this common order.

(2.) The case of the petitioners, in short, is that in exercise of power conferred under Section 45 of the Road Transport Corporation Act, 1950 (for short "the Act, 1950"), the Madhya Pradesh Road Transport Corporation Employees Deposit Fund (for short "the EDF") has framed the regulation with the previous sanction of the Government, which is known as Madhya Pradesh State Road Transport Corporation Employees Deposit Fund Regulations, 1985 (for short "the Regulations, 1985"). The said regulations were enacted as per Board resolution No.2560 dated 4-9-1985 and with the approval of Home Department and circulated vide circular No.186 dated 17-03-1986 introducing the employees Deposit Fund Scheme to deposit the arrears of pay/revision of pay/D.A./Additional D.A. By the said regulations, 50% amount of the revision of pay or DA or additional DA are required to be deposited by way of a separate fund known as Employees Deposit Fund and interest on the said amount is payable by the Corporation in accordance to the method of calculation, as prescribed, on year to year basis by the State Government, in respect of General Provident Fund itself. In view of the aforesaid submissions, it is urged that the amount of dearness allowance and the amount of revision of pay are liable to be refunded back to the employees along with interest.

(3.) According to the petitioners, the respondents are required to pay the statutory interest towards amount of 23% D.A. impounded in the Employees Deposit Fund Scheme (from 01-07-1995 to 30-06-1996); 24% of D.A. impounded in the said Scheme (from 01-07-1996 to 31-03- 1999) and 17% of D.A. impounded from 01-04-1999 onwards. For getting the interest, the employees of the Madhya Pradesh State Road Transport Corporation (for short "MPSRTC") approached the respondent authorities by filing several representations etc. When their requests/ representations did not fructify, some of the employees preferred writ petitions before the High Court of Madhya Pradesh bench at Indore. The said writ petitions were disposed of by the Court on 1-10-2007 with the following directions: