BHABATOSH CHANDRA DEY Vs. TRIPURA REHABILITATION AND PLANTATION CORPORATION LIMITED

JUDGEMENT

(1.) Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. D. Sarkar, learned counsel appearing for the respondents No. 1, 2 and 3 and Mr. P.K. Ghosh, learned counsel appearing for the respondent No. 4.

(2.) This writ petition is the sequel of the previous writ petitions. The petitioner had filed the first writ petition being WP(C) No. 1347 of 2016 challenging the departmental proceeding which was drawn up by the memorandum dtd. 4/12/2020 Annexure-P/4 to that writ petition on a series of imputations and misconduct, spread over in these articles of charge. This court having observed that the said departmental proceeding is absolutely without authority and illegal and cannot stand the scrutiny of law, inasmuch as the Principal Secretary, General Administration (Administrative Reforms) Department, Government of Tripura did not have any authority and control over the petitioner who had been an employee of Tripura Rehabilitation Plantation Corporation Ltd., for short TRPC Ltd. (the respondent No. 2 herein).

(3.) In that proceeding, the counsel for the corporation had submitted that pension of the petitioner cannot be released under the Form 10D and Form 19 unless those are forwarded to the EPF Commissioner. Accordingly, the Corporation respondents had contended that the petitioner might be advised to submit the claim form through his formal employer to derive both the benefits under the EPF and MPF Act, 1952 and also other benefits from the TRPC Ltd.