DEBASISH GHOSH Vs. REGIONAL P F COMMISSIONER

JUDGEMENT

(1.) LEARNED counsel for the respondent- Regional Provident Fund Commissioner seeks and is granted permission to place on record affidavit of Regional provident Fund Commissioner, Mumbai. The petitioner, Mr. Devashish Ghosh, was an employee of Wimco Seedlings Limited, a subsidiary of Wimco Limited. Prior thereto, the petitioner was working in Bhadra Chalam Paper Boards Limited till 1987.

(2.) IN 1989, Wimco Limited opened a Provident Fund account with the Regional provident Fund Commissioner, Delhi and was allotted PF account No. DL/9146/01. On 11th August, 1994, Regional Provident Fund Commissioner paid Rs. 45,068/- to the petitioner as the total amount standing to the credit of the petitioner. Immediately after receipt of the statement, vide letter dated 14th July, 1994 the petitioner informed the Regional Provident Fund Commissioner that rs. 65,566/- was deposited by M/s Wimco Limited at the State Bank of India, bombay on 8th July, 1989 in favour of the Regional Provident Fund Commissioner being the amount transferred by M/s Bhadrachalam Paper Boards Limited on account of provident fund deposited with their trust and transferred to M/s wimco Limited. Regional Provident Fund Commissioner has not specifically disputed the said letter in their counter affidavit. No reply was sent by regional Provident Fund Commissioner to this letter. The petitioner wrote another letter dated 9th January, 1996 stating that Rs. 65,566/- along with interest has not been released to the petitioner by the Regional Provident Fund commissioner and the said amount was deposited by M/s Wimco Limited in the state Bank of India Bombay on 8th July, 1989 in the provident fund account no. DL/9146/01. By letter dated 24th January, 1996, Regional Provident Fund commissioner informed the petitioner that no money had come into their account on account of transfer. The petitioner was asked to furnish details as to how the money was transferred with draft number along with copy of Annexure-K so that further action could be taken. By letter dated 6th May, 1996, the petitioner reported the relevant facts enclosing therewith photocopy of the records available with him, which included the challan of deposit of Rs. 65,566/- in State Bank of India, Bombay along with Annexure-K as transfer certificate. Other letters were written on 21st May, 2009, 18th May, 2003 and on 4th September, 2004. No response or reply to the said letters were received. The Regional Provident Fund Commissioner in his counter affidavit has not stated what steps are taken by them after the said letters along with the photocopy were received to trace out the said amount in their accounts and whether any deposit was made in their accounts at State Bank of India, Bombay.

(3.) LEFT with no option, the petitioner issued notice dated 4th September, 2004 under registered post to which the respondents denied their liability vide letter dated 15th October, 2004. In this letter, the respondent-Regional provident Fund Commissioner stated that the cheque of Rs. 65,566/- stated to have been deposited towards past accumulations in State Bank of India, Bombay had not been received in the provident fund account or Regional Provident Fund commissioner, Delhi and instead must have been deposited in the Regional provident Fund Commissioner's account, Bombay. In view thereof, it was difficult to release the amount from Delhi account. The letter reads as under:-