Divakar K Morey vs Nuclear Power Corporation Limited on 29 August, 2012

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Karnataka High Court

Divakar K Morey vs Nuclear Power Corporation Limited on 29 August, 2012

Bench: Subhash B Adi

                             1

     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 29TH DAY OF AUGUST 2012

                          BEFORE

          THE HON'BLE MR. JUSTICE SUBHASH B ADI

              WRIT PETITION No.14110/2009 (S-R)

BETWEEN :

DIVAKAR K. MOREY,
S/O.R.KRISHNOJI RAO,
NO.647,11 TH MAIN, INDIRANAGAR,
HAL II STAGE,
BANGALORE-560 008.                         ...PETITIONER

(BY SRI. RANGANATH S. JOIS, ADVOCATE )

AND :

1.      NUCLEAR POWER CORPORATION LIMITED,
        16 & 20TH FLOOR,CENTRE-1,
        WORLD TRADE CENTRE,
        CUFFE PARADE,
        MUMBAI-400 005,
        BY ITS CHAIRMAN & MANAGING DIRECTOR

2.      DEPUTY GENERAL MANAGER(F&A)
        NUCLEAR POWER CORPORATION LIMITED,
        RAWATBHATA, RAJASTHAN SITE,
        PLANT SITE,P.O.ANUSHAKTI
        VIA :KOTA,RAJASTAN-323 303.  ...RESPONDENTS

(BY SRI.ASHOK N.NAYAK, ADVOCATE FOR R1 & R2 )

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO HOLD AND
                                  2

DECLARE THAT THE DEDUCTIONS MADE UNDER VARIOUS
HEADS IN THE ORDER DT. 16.10.2008 VIDE ANX-K, FROM THE
P.F. AMOUNT PAYABLE TO THE APPLICANT AS NULL AND
VOID, ETC..

     THIS PETITION COMING ON FOR HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:

                           ORDER

The petitioner has sought for a declaration that, the deduction made under various heads as per Annexure-K dated 16.10.2008 by the respondents, is null and void.

2. Petitioner claims that, he was working in IPCL, thereafter he was appointed in Nuclear Power Corporation of India Limited (in short NPCIL). His Provident Fund amount was got transferred to NPCIL to the tune of Rs.1,96,272/-. His services were terminated. After termination, he sought for recovery of the said amount, as against which, Annexure-K is issued interalia stating that, there is a due of amount of Rs.2,01,626/- as against recovery to Rs.2,25,464/-.

3. Learned Counsel appearing for the respondents submitted that, the respondents have filed a memo dated 11.1.2010 interalia stating that, whatever was balance to the credit of the petitioner has been paid by demand draft dated 17.12.2009 to the tune of Rs.36,633/-.

4. If the petitioner still feels that, there is any amount due to him, it is open to the petitioner to sue for recovery or take such action as permissible in law.

Accordingly, the writ petition stands dismissed.

Sd/-

JUDGE KNM/DP

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