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2002 Supreme(Ker) 99

Judges : K.BALAKRISHNAN NAIR
S.Gopinathan Nair - Appellant
Versus
Kerala State Road Transport Corporation - Respondent
Case No : OP No 4947 OF 2002 (L)
Decided On : 02/13/2002
Advocates Appeared :
For the Petitioner: K.P. Rajeevan, Advocate. For the Respondent: N. James Koshy ( S.C. KSRTC), Advocate.

Headnote:

Provident Fund Issue – The petitioners are employees of the Kerala State Road Transport Corporation – They are constrained to approach this Court aggrieved by the delay from the part of the respondents to disburse the non refundable advances from the Provident Fund sanctioned by the competent authority – It is most unfortunate that the employees are being driven time and again to this Court to get provident fund advances – Held, in the case of every employee where provident fund Advance is sanctioned by the competent authority, the same shall be disbursed within three months from the date of such sanction – Court passing this general order to avoid the agony of the employees to come to this court every time to avail a P.F. advance which is already sanctioned – The Registry shall send a copy of this judgment to the Managing Director of the first respondent-Corporation directly for compliance – Original Petition Disposed of

Judgment :-

K. Balakrishnan Nair, J.

The petitioners are employees of the Kerala State Road Transport Corporation. They are constrained to approach this court aggrieved by the delay from the part of the respondents to disburse the non refundable advances from the Provident Fund sanctioned by the competent authority. It is most unfortunate that the employees are being driven time and again to this court to get Provident Fund advances.

2. The Provident Fund amount entirely belongs to the concerned employee. The K.S.R.T.C. has no power or authority to retain it or divert it for any other purposes. As and when the owner comes forward and makes a demand in accordance with law, the same has to be disbursed without any delay and demur.

3. The original petition is disposed of directing the respondents to disburse the amount due to the petitioners by way of non-refundable P.F. advance within two months from the date of receipt of a copy of this judgment.

4. In the case of every employee where Provident Fund Advance is sanctioned by the competent authority, the same shall be disbursed within three months from the date of such sanction. I am passing this general order to avoid the agony of the employees to come to this court every time to avail a P.F. advance which is already sanctioned. The Registry shall send a copy of this judment to the Managing Director of the first respondent-Corporation directly for compliance.

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