KELVIN JUTE COMPANY LTD Vs. KRISHNA KUMAR AGARWAL

JUDGEMENT

(1.) Talukdar, J.-Consistent indifference, if not painful inaction, over a protracted period of time on the part of the Provident Fund authorities and other respondents, left the petitioner, Krishna Kumar Agarwal, with no choice but to approach the Court for necessary redress.

(2.) The petitioner, as President of the Waverley Jute Mills Workers' Provident Fund, filed an application under Article 226 of the Constitution with the following grievances :- Kelvin Jute Mills Company Limited had two units namely, Kelvin Jute Mills and Waverly Jute Mills Company which was known as Kelvin Broad Loom Division. Hooghly Mills Company Limited took over the Kelvin Broad Loom Division with effect from 30.06.1986.

(3.) Prior to such transfer, the Provident Fund used to be managed by Kelvin Jute Mills Company Ltd. Workers' Provident Fund Trust. It was a fund exempted under Section 17 of the Provident Fund and Miscellaneous Provisions Act, 1952. It consisted of P.F. Accounts of all the workers employed in the said two units. After being taken over by Hooghly Mills, an exempted fund of the workers including those who came along with the transfer of the transferred unit was formed in the name of Waverly Jute Mills Workers Provident Fund.