SAUMITRA DAYAL SINGH,J. - (1.) Sri Ganesh Datt Mishra has placed on record instructions received by him in writing. Heard Sri Neeraj Kumar Srivastava, learned counsel for the petitioners, Sri Ganesh Datt Mishra for respondent nos. 3 and 4 and Sri Sachindra Upadhyay, learned counsel for the respondents. Petitioners are aggrieved by the action of the respondent Nos. 3 and 4 who did not pay to the husband of petitioner no. 1, his salary amounting to Rs. 7,57,223/-. Also, the said respondents defaulted in depositing Rs. 1,42,914/- towards contribution (both employer and employees) under the Employees Provident Funds and Misc. Provisions Act, 1952, (hereinafter referred to as the Act).
(2.) The petitioner's husband was an employee of the said respondent nos. 3 and 4. He died on 7.12.2016. Petitioners contend, on one hand payment of salary dues has not been made for almost one year and on the other hand on account of default deposit of the contribution under the Act, the petitioner is not being paid the family pension etc. by the respondent No. 5 i.e. Employees Provident Funds, Commissioner.
(3.) Undisputedly, unless the entire contribution under the Act is paid up the the family pension cannot be released in favour of the petitioner. On the other hand, learned counsel for the respondent Nos. 3 and 4 as, upon instructions stated that the including dues of the petitioner's husband, the said respondent owes Rs. 12,40,00,000/- towards other deceased employees, retired employees and also serving employees. Over and above that, an amount sum of Rs. 19,26,00,000/- stated to be due to other persons.;