ANURAG MEHROTRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner has filed present writ petition challenging the order dtd. 13/11/2019 by which the representation of petitioner is rejected by respondent no.2 and further prayer for grant of bonus under the Incentive Bonus Scheme as per Rule 12(1) of General Provident Fund (U.P.), Rules, 1985 (hereinafter referred to as 'G.P.F. Rules of 1985'). Petitioner is also claiming interest on delayed payment of dearness allowances which have been deposited by the respondents deliberately with delay in his provident fund account with a further a prayer that respondents 2, 4 and 5 be directed to calculate the interest on the payment made by respondent no. 2 in his provident fund account for the month of November, 1994, December, 1994, October, 1997, March, 2001 and March, 2009 on his deposit amount. The main grievance of the petitioner is that he is denied payment of incentive bonus under Rule 12(1) of G.P.F. Rules of 1985.

(2.) I have heard petitioner in person and learned Standing Counsel for the State at length.

(3.) Submission of petitioner is that the G.P.F. Rules of 1985 were framed and brought into operation in exercise of power under Article 309 of Constitution of India. The same was notified on 29/10/1985. Petitioner submits that the impugned order dtd. 13/11/2019 does not give any reason for denying benefits of Rule 12(1) of G.P.F. Rules of 1985 to the petitioner under which he is entitled for bonus. He further submits that even in the counter affidavit no reason is given for denying the said benefit to the him.