IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 20099 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 12029 of 2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI and HONOURABLE MR. JUSTICE J. C. DOSHI ==========================================================

1 Whether Reporters of Local Papers may be allowed Yes

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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RAVJIBHAI DAHYABHAI VAGHELA Versus PRASHANT PRIYADARSHI, REGIONAL PROVIDENT FUND COMMISSIONER OFFICE ==========================================================

Appearance:

MR GIRISH M DAS(2323) for the Applicant(s) No. 1 MR GM JOSHI, SENIOR COUNSEL WITH MR BHUVNESH GAHLOT(10286)

for the Respondent(s) No. 2 MR NK MAJMUDAR(430) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI and HONOURABLE MR. JUSTICE J. C. DOSHI Date : 05/06/2023

CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE J. C. DOSHI)

1. By way of this petition filed under section 14 read with section 2(ii) and (iii) of the Contempt of Courts Act, 1971 (hereinafter referred to as “the Act” for short), the petitioner – Ravjibhai Dahyabhai Vaghela has prayed for following relief in terms of para 18(A), 18(B) and 18(C):-

“18(A) Your Lordships be pleased to initiate criminal contempt of Court proceedings against the respondents as per section 2(c)(ii) and (iii) of the Contempt of Courts Act, 1971 for filing and presenting “False frivolous affidavit” before this Hon’ble Court marked as Annex. ‘A’ dated 31.01.2022, which has been filed willfully and deliberately with intent to obstruct and to interfere with the administration of justice.

(B) Pending hearing and final disposal of this application, in view of order and affidavit dated 24.10.2018 as quoted in ground b) page no.4, ground f) page 6 of this petition Your Lordship be pleased to verify thoughtfulness of affidavit sworn by Asst. P.F.Comm. Mr. Ritesh Saini, directing PF office to issue each workmen PF slip showing credited amount in individual workman’s PF account in the interest of justice or else be pleased to join him as Resp. No.3 and be pleased to prosecute him in the same manner as Resp. No.1 in the interest of justice.

(C) Pending hearing and final disposal of this application Your Lordships be pleased to direct resp. No.1 to complete PF accounts of all the workmen, qua Employee’s share and Employer’s share as per prayer in Main S.C.A.No.12029 of 2015 in which present contempt is filed in the interest of justice.”

2. Concisely stated facts :- According to the petitioner, Assistant Provident Fund Commissioner (respondent no.1), though had received Provident Fund amount transferred by the Registry of High Court of Gujarat to Provident Fund Office, did not credit the same in individual PF account of respective workman in total 416, Special Civil Application No.12029 of 2015 was filed seeking direction to the Regional Provident Fund office to disburse the amount. The workman who have sought such direction, were working in the closed Sevalia Cement Unit. According to the petitioner, the amount which was transferred to the High Court of Gujarat and was due for transfer was not credited in the account of workman and in that regard, Assistant Provident Fund Office in conspiracy and collusion with respondent no.2 has played fraud by filing false affidavit from time to time to mislead and obstruct proceedings of High Court of Gujarat depriving innocent workman from their legitimate right of Provident Fund and pension amount.

3. It is further case of the petitioner that respondent no.1, hand in glove wi

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