REGIONAL PROVIDENT FUND COMMISSIONER Vs. SHARDA
HIGH COURT OF BOMBAY
REGIONAL PROVIDENT FUND COMMISSIONER
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RAVI K.DESHPANDE, J. -
(1.) The dispute in this second appeal pertains to the benefits to which the plaintiff and the defendant No. 4, the second Amendment as per Court order dated 05.12.2009 wife of Asaram the deceased, were entitled to. Asaram had two wives (i) Meerabai and (ii) Malanbai the defendant No. 4 in the suit. The plaintiff Nos. 1 and 2 both were the daughters of Asaram and they claimed all the dues payable upon the death of Asaram. The appellant-Regional Provident Fund Commissioner was joined as defendant No. 2 in the suit, whereas the Forest Development Corporation of Maharashtra, the employer was joined as defendant No. 1.
(2.) The operative portion of the decree passed by the Trial Court is reproduced below:
The suit is partly decreed with costs.
The defendants Nos. 1 to 4 jointly and severally pay the amount of Rs. 7422/to the plaintiff No. 1 Sharda within three months from the date of this order.
The defendants Nos. 1 to 3 are hereby restrained from making any payment of post death benefits of deceased Asaram to defendant No. 4 in future.
The defendants Nos. 1 to 4 shall bear their own costs.
A decree be drawn up accordingly.
(3.) The appellant preferred Regular Civil Appeal No. 128 of 2004 and the lower Appellate Court modified the decree passed by the Trial Court, operative part of which is reproduced below:
Appeal is partly allowed.
Judgment and decree dated 7/10/2003 passed by the Trial Court is set aside and modified as under :
Defendant Nos. 1 to 3 are jointly and severally directed to pay Rs. 6,288/and th share of post death pensionary and monetary benefits to the plaintiff Sharda and remaining th share to the defendant No. 4 and her daughters Ku Mamta and Anita as the legal heirs of deceased Asaram Nimbekar, within three months from the date of decree.
Parties to bear their own costs.
Decree be drawn up accordingly. ;
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