COAL MINES PROVIDENT FUND COMMISSIONER Vs. MD MURTAZA

JUDGEMENT

(1.) THE only question for decision in this Rule issued at the instance of the Coal Mines Provident Fund Commissioner is whether a certain sum of money remitted by money order for delivery to the opposite party No. 2 and lying with the Postmaster, Kulti is protected against attachment in view of Section 8 of the Coal Mines Provident Fund and Bonus Schemes Act, 1948.

(2.) OPPOSITE party No. 2 Aujodhya Dhangar was a coal mine employee and a member of the coal mines provident fund. On or about January 17, 1967 the Coal Mines Provident Fund Regional Commissioner, Asansol, remitted by two money orders a total sum of Rs. 650. 88 p. being the amount standing to the credit of the opposite party No. 2 in the said fund to the latter's address at Kendua Bazar, Post Office Kulti, District-Burdwan. Opposite party No. 1 who had instituted a suit against opposite party No. 2 for recovery of a certain amount of money obtained from the court an order for attachment before judgment of a sum of Rs. 600/- out of the amount remitted by the Coal mines Provident Fund Regional Commissioner, Asansol, which was then lying in the office of the Postmaster, Kulti. The suit was subsequently decreed ex parte and in execution the decree holder prayed for realisation of the decretal dues by remittance of the attached sum to the court. "at this stage the Coal Mines Provident Fund Commissioner, who is the petitioner be fore me, intervening in the execution case made an application to the court below stating that the sum attached being provident fund money payable to the opposite party No. 2 was not legally attachable and prayed for vacating the order of attachment. The court below rejected the application on the view that as soon as the amount was made over to the postal authority it lost the character of provident fund money and consequently the immunity from attachment. The instant Rule is directed against this order refusing to lift the attachment.

(3.) SECTION 8 (1) of the Coal Mines Provident Fund and Bonus Schemes Act 1948 is as follows: