ANURAG VASHISHTHA Vs. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL

JUDGEMENT

(1.) I have heard learned counsel for the parties and perused the paper-book.

(2.) The entire aspect of the case has been changed with the recent order dated 23.10.2018 passed by the Division Bench of this Court in LPA No.907 of 2017 arising out of CWP No.5314 of 2007 in the case of the petitioner assailing an order of dismissal from service. The dismissal order has been set aside and the appellant, petitioner herein, has been "held entitled to all the service benefits that he would have gained, otherwise had the impugned orders of dismissal not intervened" with a direction that "all the benefits be released to the appellant within a period of four months from today".

(3.) This petition has been filed against an order (Annex. P-8) passed by the Employees Provident Fund Appellate Tribunal, New Delhi (for short "the Tribunal") in appeal filed by the Haryana Financial Corporation against the order dated 10.8.2010 (Annex. P-3) passed by the Assistant Provident Fund Commissioner (for short "Assistant Commissioner"). The Assistant Commissioner had allowed the request of the petitioner for release of employer's share of contribution in his provident fund account, but the order was reversed by the Tribunal relying on Regulation 14 of the Haryana Financial Corporation Employees' Provident Fund Regulations, 1968 which revealed that the Executive Committee of the Board is empowered to direct the deduction of sum standing to the credit of a subscriber, in case the subscriber is dismissed from his employment on account of misconduct or gross negligence. Regulation 14 reads as follows:-