VIMLABAI Vs. RAMBAHADUR

JUDGEMENT

(1.) THIS order shall govern the disposal of all other similar writ petitions, the details thereof are mentioned in a separate list appended to this judgment.

(2.) THE bunch of all these writ petitions involve two sets of cases; in one set, the employees have retired on attaining the age of superannuation or under the voluntary retirement scheme floated by the Corporation and received the amount of E.D.F., but interest on the said deposits or on dearness allowance has not been paid. In other set, employees are working in the Corporation, claiming interest on the deposits or on the amount of dearness allowance deposited in Employees Deposit Fund Scheme.

(3.) AS the common question of law is involved in all the writ petitions, therefore, it is being decided by the common order, for the ready reference facts are being referred from WP No. 7350/07(S) Anil Jain v. M.D., MPRTC. It is the case of petitioner that respondents M.P. Road Transport Corporation is duly constituted under section 3 of the Road Transport Corporation Act, 1950, it is fully owned and controlled by the Government however falls within the definition of State as per Article 12 of the Constitution of India and amenable to writ jurisdiction of this Court. Petitioner, who is an employee of the said Corporation has filed this petition claiming interest and rate thereof on the deposits or on dearness allowance kept in a separate fund, under the scheme which is known as Employees Deposit Fund Scheme. It is not in dispute that dearness allowance, which was payable to the employees was not paid during the period 1.7.1995 to 31.3.2002. The said amount ought to have been deposited by the Corporation in a fund known as Employees Deposit Fund created for the said purpose and interest thereupon is leviable. However it is prayed, on deposits under the Scheme and on dearness allowance the interest by the rate as prescribed by the State Government as per notifications on year to year basis may be directed.