UPENDRA KUMAR TRIPATHI Vs. DIVISIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THE petitioner was employed in M/s Mid Land Plastics Ltd. Malanpur. He worked with the said employer till June, 2009. The petitioner's services came to an end because of closure of the said factory. Thereafter, the petitioner claimed that his provident fund benefits be given to him. After receiving notices from this Court, the respondents have filed return.

(2.) SHRI R.K.Goyal, learned counsel for the respondents submits that there was an incident of embezzlement of money from provident fund account of the petitioner and some other employees. The matter was investigated by the CBI. The CBI court convicted Mukul Kanchan and certain other persons for said embezzlement. A civil suit is filed which is pending before the District Court, Gwalior for recovery of the amount of embezzlement. It is contended in the return that after the embezzled amount is recovered from the persons involved, payment will be made to the petitioner.

(3.) I have heard the learned counsel for the parties and perused the record.