KANTI TIWARI Vs. BIHAR ADVOCATE WELFARE FUN

JUDGEMENT

(1.) ON 2nd July, 2008, the Learned Counsel appearing on behalf of the respondent -Bihar Advocates' Welfare Fund Trust Committee submitted that in two weeks' time the case of the appellant will be further considered and, accordingly, a prayer was made for adjournment of the hearing of the appeal for two weeks. In view of such submission we granted such adjournment. Today when the matter was called for hearing the respondent -Bihar Advocates' Welfare Fund Trust Committee through another Advocate informed us that he is unable to inform this Court whether any step has been taken to further consider the case of the appellant or not. In the circumstances, we decided to decide the appeal on its merit. Heard. The respondent -Committee has been constituted by and under the Bihar Advocates' Welfare Fund Act, 1983, whereby and under provisions have been made for creation of a Fund in order to facilitate payment of certain amount of money to the family of a deceased Advocate member of the Fund. The husband of the appellant was an Advocate and was also a member of the Fund since 5th August, 1987. Sub -sections (7) and (8) of Section 16 of the Act are as follows: -

(2.) THE husband of the appellant remitted annual subscription for the year 1990 on or before 30th June, 1990 but did not remit subscription for the years 1991 and 1992. The appellant, upon death of her husband on 26th November, 1992, applied for payment from the Fund in view of death of her husband. By a letter dated 13th February, 1996 the Committee informed the appellant that in view of the decision taken by the Committee on 2nd May, 1993 the membership of the husband of the appellant of the Fund was terminated with effect from 31st July, 1992 and, accordingly, she is not entitled to receive anything from the Fund. The said stand taken by the respondent -Committee in its letter dated 13th February, 1996 led to filing of the writ petition, which having been dismissed the appellant is before us.

(3.) THE one and the only thing that was required to be gone in, in the writ petition, was whether the alleged notice dated 29th October, 1991 requiring the husband of the appellant to deposit the required fee by 21st November, 1991 was sent by registered post and whether before the order dated 2nd May, 1993 was passed, any notice by registered post was sent to the husband of the appellant giving him an opportunity of hearing or not. The respondent -Committee failed to produce any evidence suggesting that the purported notice dated 29th October, 1991, was served by registered post and at the same time failed to even assert that any notice was sent either by registered post or otherwise to the husband of the appellant before the order dated 2nd May, 1993 was passed removing the husband of the appellant from the membership of the Fund with effect from 31st July, 1992.