D E NALLADRU Vs. REGIONAL PROVIDENT FUND

JUDGEMENT

(1.) The petitioner - D.E. Nalladaru - was employee of respondent No.3. He filed Special Civil Application No.9075 of 1997 before this court with the grievance that his Provident Fund amount has not been paid to him. In fact the grievance of the petitioner in the aforesaid special civil application was that the amount of Provident Fund which was sought to be paid to him was less by Rs.5455.00. In the special civil application he prayed for direction to the respondents to prepare and submit the accounts of the amount of P.F. and to pay the amount with 18% interest to the petitioner. It has come on record that on 22-6-1988 respondents No.1 and 2 have sent cheque for Rs.61,624.00 to the petitioner towards the amount of his Provident Fund, but curiously enough he refused to accept the same. That shows that the petitioner was a man of means, otherwise for the dispute of Rs.5,455/ordinarily he should not have refused to accept payment of Rs.61,634.00. It is understandable if there was some dispute on the quantum of the amount of P.F. still, whatever amount paid has to be accepted under protest. But that course has not been adopted. The only inference which can be drawn from this conduct is that he was not in need of money. Be that as it may.

(2.) During the course of argument of the aforesaid special civil application, the counsel for respondents No.1 and 2 produced for perusal of the court that in the year 1992 after rechecking of the accounts the respondents had sent cheque for Rs.67,079.00 to the petitioner, but again he refused to accept that cheque. The writ petition was decided by this court on 28th January, 1998. It is not in dispute that in pursuance of the direction of this court the amount of Rs.67,079/has been paid to the petitioner which he received also. The claim of the petitioner for interest was specifically declined on the grounds given in the judgment. Despite the fact that this court has declined to grant the prayer made by the petitioner for interest in special civil application No.9075/87, he filed special civil application No.5543 of 1998 before this court and he prayed for issuance of an appropriate writ order or direction to the respondents to pay legitimate interest on the total amount of provident fund of Rs.67,079.00 from 24-5-1988 to 28-1-1998 as per current rate of interest as prescribed under the Provident Fund Rules. From this prayer I find that the amount of Rs.67,079.00 has been received by the petitioner on 29th January, 1998. If one compare this prayer made and the prayer made in the earlier Special Civil Application, it is clear that they are identical so far as the grant of interest on P.F. amount is concerned.

(3.) The petitioner filed M.C.A. No.1403/98 for review of the order dated 28th January, 1998 passed by this court in special civil application No.9075/97. Review is sought of that part of the aforesaid order which relates to refusal to grant the prayer for interest on the amount of provident fund in favour of the petitioner.