Inconsumercomplaints.com » Business & Finance » Review / complaint: K.R KAMTH CMD PNB HEAD OFFICE NEWDELHI - UNAUTHORISED TERMINAL DUES DEDCUTED FROM PROVIDENT FUND FROM MY OWN CONTRIBUTORY P/F FUND, VIOLATION | News #494445

K.R KAMTH CMD PNB HEAD OFFICE NEWDELHI
UNAUTHORISED TERMINAL DUES DEDCUTED FROM PROVIDENT FUND FROM MY OWN CONTRIBUTORY P/F FUND, VIOLATION

Sh. Pranab Mukerjee

President of India

President Office

Govt. of India

New Delhi

R/Sir

Reg: Settlement of Terminal Benefits (PF/Gratuity) and, Completion of Formalities.

Kindly refer to your letter dated on 03 feb PNB LDM OFFICE HOSHIARPUR, Punjab. In this connection it is submitted that you have made payment of terminal dues without my consent.

I want to get my housing loan account transferred to public housing loan scheme. Moreover excess amount has been adjusted against my terminal dues. I want to bring it into your kind notice that provident fund cannot be attached even by court orders.

You have adjusted even loan accounts against the outstanding balance lying in my PF Account.

It is requested to transfer my outstanding housing loan account into public housing loan scheme and deduct it from my monthly pension. It is also requsted to release my full PF without any adjustment along with up to date interest

Thanking you,

Yours faithfully,

Baldev Raj Mahi,

S/o Sh. Ram Asra,

Nawanshahar (Pb)

Ex-Manager,

Baba Deep Singh Nagar,

Saloh Road,

Backside K.C.Palace, Nawanshahr (Punjab)

DATE 03 Oct

Attach This Judgement of Supreme Court and Punjab and Haryana High Court With Unauthorised Terminal Dues Deducted from my provident fund own contribution which has violated the Supreme Court Rule.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Civil Writ Petition No.8966 of 2009 (O&M)

Date of decision: 09.05.2012

Dr. Iqbal Singh Dhillon (Retired Director, Youth Welfare), son of

Shri Thakur Singh, R/o House No.510, Milk Colony, Dhanas,

Chandigarh.

...Petitioner

versus

Panjab University, Chandigarh, through its Vice Chancellor, Sector

14, Chandigarh, and another.

...Respondents

CORAM: HON’BLE MR. JUSTICE K. KANNAN

&-

Present: Mr. Karambir Singh Chawla, Advocate,

for the petitioner.

Mr. Deepak Sibal, Advocate, for the respondents.

&-

1. Whether reporters of local papers may be allowed to see the

judgment? Yes.

2. To be referred to the reporters or not? Yes.

3. Whether the judgment should be reported in the digest? Yes.

&-

K.Kannan, J.

1. The writ petition is at the instance of a retired Director,

Youth Welfare, who claims that the provident fund and all the other

retiral dues have been denied on a specious ground that he had not

accounted for the advances that he had taken for conduct of several

youth festivals during his service. The liability had not been

determined upto his retirement and after he was allowed to be

retired, the entire terminal benefits have been withheld on the

Civil Writ Petition No.8966 of 2009 (O&M) - 2 -

ground that the liability of the petitioner to the respondent-

University is much more than the amount due to him. The

petitioner's grievance is that for an amount which has not been

ascertained and without holding an enquiry therefor to fix the

liability, the non-payment of terminal benefits was clearly untenable.

The issue, therefore, that what fall for consideration is whether the

amount due and payable for the accumulation of provident fund

could be denied by setting off the petitioner's entitlement against

alleged liability by him for advances received by him and which had

not been duly accounted for. Some more facts would be necessary

to come to the grips of the problem that is posed through this writ

petition.

2. The petitioner had joined the services as Director and

Head of the Department, Youth Welfare, Chandigarh, on 31.03.1978

and retired from the services on 30.04.2005. It is an admitted fact

that the petitioner had drawn advances from time to time from the

respondent-University in the capacity of the Director of the

Department of the Youth Welfare from 1978 to 2005. Grants and

subsidies appear to have been given to the petitioner for onward

disbursement to the Colleges for holding youth festivals etc. Out of

several advances which had been given to the petitioner, the audit

had an objection to 33 advances along with 25 subsidies that

remained unadjusted and unaccounted. The petitioner had been

served with several notices to reconcile the accounts and finalize the

Civil Writ Petition No.8966 of 2009 (O&M) - 3 -

same by duly accounting for the advances made to him. The

petitioner would contend that he had given all the explanations and

the Vice Chancellor of the University had himself given post-facto

sanction approval in respect of two objections pertaining to

expenditure/utilization of about Rs.1, 40, 000/- on 08.04.2000. With

respect to 31 other advances, the petitioner would claim that the

copies of sufficient proofs from official records including the copies

of the Dispatch Registers had been given with full details of fund

utilization, accounts adjustment and expenditure reports from time

to time. The petitioner would rely on several communications which

he had with the Accounts Department and full details which he had

furnished to the University and when on a particular incident on

20.01. the office of the Registrar rejected the explanations and

proofs given by the petitioner by letter dated 20.01. the

petitioner had sought to give a clarification for the doubts raised

through his letter dated 16.02.2004 giving the necessary

documents/information for accounts adjustments.

3. The truth is that respondents were demanding due

accounting for the advances received by the petitioner and the

receipt of the advances were themselves not denied. The

justification for the non-payment of the provident fund amount by

the University is by its reliance on Regulation 6 of the Provident

Fund of the University Employees Regulation, which is reproduced

hereunder:-

Civil Writ Petition No.8966 of 2009 (O&M) - 4 -

“A deduction from the Fund, of an amount not

exceeding the amount of University contribution, with

interest, can be made from the subscriber in respect of

dues unde a liability to the University.”

The point that would fall consideration is whether the deduction

could be made in respect of the amount which has not been

determined yet. Assuming that the amount was drawn by an

employee and not duly accounted during his service, would it be

possible for the employee to deny the payment due to him and treat

the liability cast on the employee as finalized, although the

employee objects to the deductions? The answer to the question is

straight and simple. The entitlement to a provident fund is assessed

by the employee's own contribution to the organization during his

service coupled with the contributions made by the employer by way

of statutory mandates. The amount is a statutory entitlement and if

any liability were to be deducted on the retirement of an employee, it

could be drawn only with reference to the amounts which are

ascertained by a due process.

4. It must be noticed in this case that the liability cast on

the petitioner is not for any amount received on the eve of his

retirement, but these advances purport to be during the entire period

of service for over 20 years. The employer, at all times, shall

conduct his finances in such a way that for an amount which is

advanced to an employee for which the employee is responsible and

Civil Writ Petition No.8966 of 2009 (O&M) - 5 -

duty bound to account, the demand for such accounting should be

secured and the liability finalized during the service itself. There are

two options open when the liability is not admitted: (i) not to allow

the employee to retire, constitute an enquiry and finalize the liability

of the employee to the employer; (ii) invoke any special provisions

that allow for constitution of an enquiry subsequent to the retirement

in the manner that the rules provides for. In a situation where the

amount sought to be deducted is disputed by the employee, it shall

be impermissible for the employer to assume the amounts to be

finally assessed. This would lead to arbitrary exercises of an

employer completely defeating an employee's retiral benefits in the

evening years of his life. The reliance on Regulation 6 should be

possible only in situations where the liability is clearly admitted. If

the liability is denied, without engaging a proper adjudication and a

final determination of such liability, the employer shall not defeat

the employee from claiming the entire retiral dues.

5. The denial to the petitioner's demand is made on a plea

by the respondent-University through its letter dated 08.09.2008 that

the amount would not be paid till the compliance of audit

requirements. I find this reply itself to be irresponsible. The

petitioner could have no control over when the audit will close its

queries. When the queries are raised by the Audit Department and

in the perception of the employer, the employee is not able to give

satisfactory replies, it must move towards a final process of either

Civil Writ Petition No.8966 of 2009 (O&M) - 6 -

constituting an enquiry or press for an adjudicatory mechanism in

the manner contemplated by rules or by resort to a common law

remedy of an institution of a suit to finalize the liability. If the

liability is not finalized, there is no manner by which the employer

can treat the liability as ascertained at its own whims.

6. The University has given a list of unadjusted advances

under R-1. I am not impressed by a mere reference to several entries

which have not been finalized. The receipt of amounts themselves

are not in denial. It is the statement of the petitioner's claims that

they have been expended which is denied by the University. They

surely could not have been resolved by merely engaging the

employee in a long drawn volley of communications. The

communications must have stopped and an adjudicatory process

started.

7. There have been several judicial approaches about how

serious the issue is when it comes to the duty of an employer to

make the disbursals of the retiral benefits. It is true that adjustments

against the provident fund accumulations themselves would not be

possible for any liability during his service unless there are specific

provisions allowing for such adjustments. In this case, Regulation 6

duly makes possible such adjustments. I see no need to refer to

several decisions which the learned counsel for the petitioner has

cited where adjustments of liability against provident fund dues have

been quashed, where there were no regulations or rules providing for

Civil Writ Petition No.8966 of 2009 (O&M) - 7 -

such adjustments. There are also decisions which hold that no part

of the amount due for the provident fund could be a subject of

attachment. We are not dealing with such like situations and I would

not, therefore, find a reason to apply them. In Gorakhpur

University and others Versus Dr. Shitla Prasad Nagendra and

others-AIR 2001 Supreme Court 2443, an attempt to adjust the

pension and retiral dues against liability of a retired teacher, who

was continuing to occupy the official quarter, was found to be

illegal, on a reasoning that the pension and gratuity were no longer

matters of any bounty to be distributed by Government but are

valuable rights acquired and property in their hands and any delay in

settlement and disbursement whereof should be viewed seriously.

The Supreme Court held that lethargy shown by the authorities in

not taking any action according to law to enforce their right to

recover possession of the quarters from the respondent or fix

liability or determine the so-called penal rent would itself deny them

the right to adjustment. I would apply the same logic in this case,

for, an employee, who denies his liability, cannot be fastened with

such liability in the absence of pro-active approach to have the

liability determined through a proper legal process. More so, in this

case, the liability that was sought to be fastened, was not for an

advance that was received at or just before the retirement but for the

advances made over a period of 20 years during his service.

Civil Writ Petition No.8966 of 2009 (O&M) - 8 -

8. I find the attitude of the employer in making deductions

from the provident fund without engaging in any form of

adjudicatory process admissible by rules to be indefensible. The

non-release of the provident fund dues on alleged adjustments

against liability which is not determined, is untenable. The petitioner

shall be paid the provident fund dues forthwith with simple interest

at 18% per annum. The petitioner has claimed damages of Rs.2

lakhs for the unjust denial of his entitlements. Having regard to the

award of interest, I decline damages as a separate head of claim.

9. The writ petition is, therefore, allowed directing the

respondents to release the provident fund with simple interest at

18% per annum with cost assessed at Rs.10, 000/-.

(K.KANNAN)

JUDGE



0 comments

Information
Only registered users can leave comments.
Please Register on our website, it will take a few seconds.




Quick Registration via social networks:
Login with FacebookLogin with Google