NANDA RAM Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) IT is submitted that the grievances of the petitioner in this writ petition are two fold; firstly he has claimed for payment of pension which is payable by the Regional Provident Fund Commissioner, Patna (respondent no. 1) and the other is with respect to gratuity which is payable by the Life Insurance Corporation under the coverage of insurance done through the Corporation.

(2.) LEARNED counsel appearing for the Corporation has submitted that since the premium was not deposited by the Corporation after 1993, the Corporation is unable to discharge its liability to release the amount of gratuity for payment to the petitioner. Learned counsel for the Corporation has also admitted that the premium could not be deposited with the Corporation from 1994 in view of the paucity of fund which, in fact, led to filing of winding up proceeding, vide Company Petition No. 5 of 1999 in this Court.

(3.) AS prayed, the petitioner is given liberty to raise the claim with respect to gratuity in the said company petition.