MR. ARANI MUKHOPADHYAY Vs. EPF ORGANISATION

JUDGEMENT

(1.) This appeal is at the instance of the writ petitioner and is directed against a judgment and order dated September 6, 2019 passed by a learned Single Judge in WP No. 15262 (W) of 2018 whereby the writ petition was allowed in part directing the concerned authorities to correct the date of cessation from service in the pension payment order.

(2.) Facts relevant for the purpose of disposal of this appeal are as follows:- On 16/4/1999 the appellant received a letter issued by the respondent company dismissing him from service with immediate effect. The respondent company moved an application before the learned First Industrial Tribunal (for short "the Tribunal") under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 (for short "the 1947 Act") seeking approval of the decision taken by the respondent authority with respect to dismissal of employment of appellant. The learned Tribunal rejected the said application by an order dated May 19, 1999. The respondent company challenged the order dated May 19, 1999 by filing a writ petition being WP 1372 of 1999 which stood dismissed by a judgment dated April 25, 2003. The respondent company preferred an appeal before the Division Bench of this Court being APO No. 291 of 2003 challenging the judgment dated April 25, 2003. The Hon'ble Division Bench by an order dated September 21,2006 held that the appellant is willing to resign from service from October 15, 2006 and the respondent company being the employer of the appellant would pay a sum of Rs.5,50,000.00 only in terms of full and final settlement of the appellant's claim. The order dated September 21, 2006 was modified by an order dated December 20, 2006 to the extent that the lumpsum amount payable to the appellant should be treated as retiral benefit. The appellant made a representation before the Regional Provident Fund Commissioner 1 alleging non-payment of Provident Fund and less payment of Provident Fund linked monthly pension. The provident fund authority informed the appellant that due to the non-co-operation of the respondent company, the Provident Fund authority could not decide the claim of the appellant. This prompted the appellant to file the writ petition.

(3.) By the order impugned, the learned Single Judge directed the concerned authorities to correct the date of cessation from service of the appellant in the Pension Payment Order (PPO) book maintained by the respondent company according to the date mentioned in the order dated September 21, 2006 wherein the appellant has agreed to retire from service from October 15, 2006.