RAVJIBHAI DAHYABHAI VAGHELA Vs. PRASHANT PRIYADARSHI

JUDGEMENT

(1.) By way of this petition filed under Sec. 14 read with Sec. 2(ii) and (iii) of the Contempt of Courts Act , 1971 (hereinafter referred to as "the Act" for short), the petitioner - Ravjibhai Dahyabhai Vaghela has prayed for following relief in terms of para 18(A), 18(B) and 18(C):-

(2.) Concisely stated facts :- According to the petitioner, Assistant Provident Fund Commissioner (respondent no.1), though had received Provident Fund amount transferred by the Registry of High Court of Gujarat to Provident Fund Office, did not credit the same in individual PF account of respective workman in total 416, Special Civil Application No.12029 of 2015 was filed seeking direction to the Regional Provident Fund office to disburse the amount. The workman who have sought such direction, were working in the closed Sevalia Cement Unit. According to the petitioner, the amount which was transferred to the High Court of Gujarat and was due for transfer was not credited in the account of workman and in that regard, Assistant Provident Fund Office in conspiracy and collusion with respondent no.2 has played fraud by filing false affidavit from time to time to mislead and obstruct proceedings of High Court of Gujarat depriving innocent workman from their legitimate right of Provident Fund and pension amount.

(3.) It is further case of the petitioner that respondent no.1, hand in glove with respondent no.2 who is practicing advocate of the High Court of Gujarat had filed affidavit on 31/1/2022 with clear intention to obstruct and tends to lower proceedings of High Court of Gujarat, thus it was amounting to interfering with the administration of justice. Such affidavit was filed in compliance of the order dtd. 4/1/2022. In the said affidavit, falsely and frivolously, deponent of the affidavit has quoted reference of the order dtd. 10/10/2016 inspite of the fact that thereafter, several orders have been passed in Special Civil Application No.12029 of 2015. Such false affidavit was filed willfully and deliberately to prevent workman from getting benefit. According to the petitioner filing of false affidavit and giving false statement before this Court as well as drafting of such affidavit by respondent no.2 is amount to contempt of Court punishable under Sec. 14 of the Act. Upon such contentions, present petitioner has filed this contempt proceedings, seeking relief stated above.