MOKHTAR AHMAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for Darbhanga Municipal Corporation.

(2.) THIS writ application is in the representative capacity of the employees of Darbhanga Municipal Corporation as well as Safai Karmachari of Darbhanga Municipal Corporation. They filed this writ application because the necessary deduction which have been made from their salary under the head of Provident Fund was not deposited with statutory interest in the accounts of the employees working under Darbhanga Municipal Corporation. They have sought a direction upon the respondents in this regard because it is not only hard earned money but also statutory money to which they are entitled to. Prima facie if the statements made by petitioners are correct then it could be a serious issue because Provident Fund deduction and their deposits are governed by Central legislation in this regard and default in such operation of account of deduction may entail serious consequence.

(3.) A counter affidavit on behalf of the respondent -Darbhanga Municipal Corporation has been filed. In the counter affidavit they have stated that now they have opened account in the Nationalised Bank and the requisite deductions have been deposited in the Indian Bank Branch at Darbhanga. They state that all such employees who have opened account in the bank, pass books have been issued and their deducted amount has been incorporated therein. But there are certain employees who have not yet opened account and therefore individual entries are not available to them. They further state that for such kind of employees the deducted money has been deposited in the General Account No. 13121. They have stated that all those employees who had not opened account in the bank may kindly do so at the earliest so that they will be issued a pass book with necessary entries.