PEARLY ANDREW FRANZ Vs. OFFICIAL ASSIGNEE

JUDGEMENT

(1.) The appellant was formerly employed in M/s Killick Nixon and Co. Ltd. Bombay. They had established a provident fund for the benefit of their employees. The appellant used to contribute to the that fund. In 1962 the Employee's provident fund Act, 1952 herein after referred to as the act was made applicable to the establishments of M/s Killick Nixon and Co. Ltd. The appellant than become a member of the fund established under the Scheme framed under the act. Under sub -section (2) of S. 15, the accumulations in the provident of fund of this employers become liable to the transferred t the fund established under the provisions of the act. The appellant retired from service in the beginning of 1964. On 16th June 1964 he was adjudicated insolvent.

(2.) The Official Assignee then addressed letter to the Regional provident fund commissioner and also to the Appellant's ex-employers asking them not to pay to the appellant the amounts lying to his credit in hi provident fund account. The appellant then took out a Notice - of Motion in which prayer (c) was as follows:

(3.) Sub - section (1) of S. 10 of the Employee's Provident funds Act is in the following terms: