WP(C) 1682/2009. Gauhati High Court
| Case Number | WP(C) 1682/2009 |
| Judgement Date | April 25, 2018 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT AT GUWAHATI
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI
WP( C) No. 1682/ 2009
Mrs. Sayera Begum,
W/ O Late I kram Rasul,
Resident of No.2 Mathgharia, Srinagar,
PO-Noonmati, Dist.-Kamrup, Assam. ……Petitioner .
-Versus-
-
The State of Assam,
Represented by the Commissioner and Secretary to the Govt. of Assam, Department of Handloom & Textiles, Dispur, Guwahati-6.
-
The Assam Khadi & Village I ndustries Board,
Guwahati-3 (represented by the Chairman of the said Board).
-
The Chairman,
The Assam Khadi & Village I ndustries Board, Guwahati-3.
-
The Secretary,
The Assam Khadi & Village I ndustries Board, Guwahati-3.
-
The Chief Executive Officer,
The Assam Khadi & Village I ndustries Board,
Guwahati-3. ……Respondents
.
BEFORE
THE HON’BLE MR. JUSTI CE HRI SHI KESH ROY
For the Petitioner: Mr. S.K. Talukdar,
Mr. J.M.A. Choudhury. ……Advocates.
For the Respondents: Ms. M. Bhattacharjee, GA, Assam,
Mr. J.K. Parajuli, SC, Khadi Board.
……Advocates.
Date of Hearing & Judgment : 2 5 th Apr il, 201 7
WP(C) 1682/2009 Page 1 of 3
JUDGMENT AND ORDER ( ORAL)
Heard Mr. S.K. Talukdar, the learned counsel appearing for the petitioner. The Assam Khadi & Village Industries Board (hereinafter referred to as the “Khadi Board”) and their officers (respondent Nos.2–5) are represented by Mr. J.K. Parajuli, the learned standing counsel. The respondent No.1 is represented by Ms.
M. Bhattacharjee, the learned Govt. advocate.
-
The petitioner is the widow of Ikram Rasul, who died on 21.01.2004 while serving as an UDA of the Khadi Board. She applied for the CPF and gratuity dues on account of the deceased employee and is aggrieved by the two office order(s) dated 23.03.2009 (Annexures-1 and 2), whereunder, deduction under the CPF head and gratuity have been made, in disbursing payment by the Khadi Board.
3.1 The learned counsel Mr. S.K. Talukdar refers to the first office order dated
23.03.2009 (page-11) of the CEO of the Khadi Board to project that although the employee’s contribution of the CPF was equal to the Board’s share (Rs.2,03,548/ -), but surprisingly, while disbursing payment, Rs.1,54,240/ - was deducted from the employee’s share, without disclosing the reason for such deduction from the payable dues of the deceased employee.
3.2 Similarly, on account of gratuity, Rs.53,226/ - was deducted under the 2nd office order dated 23.03.2009 (page-12) for certain alleged adjustment, by the Khadi Board.
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