ASHOKKUMAR BUDHALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed seeking a direction upon the respondent No.3-The Cooperative Bank of Rajkot Limited to release the amount of Provident Fund lying to the credit of the petitioner.

(2.) The brief facts of the case are that the petitioner retired on the post of Manager on 1/7/2006.

(3.) The cause of action to file the present petition has arisen because of the refusal on the part of the respondent-Bank to make payment of amount of Provident Fund lying with the respondent-Bank. The petitioner states that as on 31/3/2007, the amount of Provident Fund lying with the respondent-Bank is Rs.19,71,628.00=95. When the petitioner retired on 1/7/2006, there was an amount of loan is Rs.2,78,992.00. As the petitioner was told that the petitioner's amount of Provident Fund is not released because of the inquiry under Sec. 93 of the Gujarat Cooperative Societies Act, 1961, (the Act), the petitioner approached the District Registrar of Cooperative Societies inquiring from him as to the authority of the Registrar to advise / approve/ sanction the payment of gratuity / provident fund. The District Registrar of Cooperative Societies addressed a letter to the Chairman / Manager of the respondent-Bank on 13/7/2006 calling upon the respondent-Bank to inform about the rules relating to the Provident Fund and gratuity, which suggests of obtaining any permission of the District Registrar of Cooperative Societies. The respondent-Bank was informed to take a decision on its own in absence of any such provision.