Nanavati, J. - (1.) Leave granted.
(2.) Heard learned counsel for the parties.
(3.) Jiyajeerao Cotton Mills Ltd., respondent No. 10 is an establishment covered by the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act). It constituted 'Jiyajee Cotton Mills Employees Provident Fund Institution', the appellant herein and framed its Rules and Regulations in 1952. Respondent No. 10 applied to the Government of India, that being the appropriate Government at the relevant time, for grant of exemption under Section 17(1)(a) of the Act. The Government of being satisfied that the employees were in enjoyment of Provident Fund benefits which were on the whole not less favourable than the benefits provided under the Act and the Scheme granted exemption w.e.f. 1-11-1952, by a Notification dated 4-1-63 published on 12-1-63. Respondent Nos. 1 to 9 who were the employees of the appellant and members of the Provident Fund were discharged from service and paid their provident fund amounts. The Central Government by its letter dated 29-1-83 forwarded to the appropriate Governments, revised conditions for granting exemption under Section 17(1). One of the revised conditions was that any amendment to the Employees Provident Fund Scheme which was more beneficial to the employees that the existing rules of the establishment shall become applicable to them automatically. In view of this revised condition the said respondents claimed the difference between the interest which was given to them at the rate declared by the Board of Trustees and the rate of interest declared by the Central Government for the years 1984-85 to 1988-89. As the appellant did not accept their demand they filed a claim petition before the Central Provident Funds Commissioner who referred that petition to the Regional Provident Fund Commissioner. As their claim was not dealt with by the Regional Provident Fund Commissioner for some time, they filed Writ Petition M. P. No. 901 of 1989 in the High Court of Madhya Pradesh. The High Court by its order dated 26-7-89 directed the Regional Provident Fund Commissioner to dispose of the said respondent's claim within six months.;