THE BOARD OF TRUSTEES, CALCUTTA ZOOLOGICAL GARDEN EMPLOYEES PROVIDENT FUND & ANR. Vs. EMPLOYEES PROVIDENT FUND ORGANISATION & ORS.

JUDGEMENT

(1.) Though the application being C.A.N. No. 2006 of 2011 has not been listed today, the same is being taken up for hearing on consent of the learned Counsel for the parties.

(2.) The writ petitioners in this proceeding are the Board of Trustees, Calcutta Zoological Garden Employees Provident Fund and in the main writ petition, they challenge the validity of an order in which the Provident Fund Authorities seek to withdraw the relaxation granted in the year 1982 in administration of the provident fund concerning their employees. As per the relaxation granted, the Board of Trustees were permitted to administer the provident fund of the employees of the Zoological Garden.

(3.) The present application being C.A.N. No. 2006 of 2011 is taken out by the writ petitioners only and in this proceeding they seek to disburse the dues of the employees who have already retired. The main order by which such relaxation was sought to be cancelled had been stayed by an Hon'ble Single Judge of this Court on 21st January, 2008 on condition that the petitioner no. 1 should follow the pattern of investment in accordance with Condition no. 17 of paragraph 27AA of the Employees Provident Fund Scheme, 1952. Entitlement of the retiring employees to receive their provident fund dues is not in dispute in principle. The process of disbursement has been disrupted because of the dispute involved in this writ petition.