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2023 DAILYLAW 745 (HP)

LUDER DUTT v. HIMCHAL PRADESH AGRO INDUSTRIES CORPORATION LTD AND OTHERS

CWP/2391/2023 · 2026-03-06

Ajay Mohan Goel

body2023

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2391 of 2023 a/w CWP Nos.2389, 2393 and 2399 of 2023 Decided on 06th March 2026 CWP No.2391 of 2023 Luder Dutt …Petitioner Versus Himachal Pradesh Agro Industries Corporation Limited and others …Respondents CWP No.2389 of 2023 Ram Parkash …Petitioner Versus Himachal Pradesh Agro Industries Corporation Limited and others …Respondents CWP No.2393 of 2023 Nikka Ram …Petitioner Versus Himachal Pradesh Agro Industries Corporation Limited and others …Respondents CWP No.2399 of 2023 Krishna Devi …Petitioner Versus Himachal Pradesh Agro Industries Corporation Limited and others …Respondents 2 Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. Vijay Chaudhary, Advocate, for the petitioners(s) in all the petitions. For the respondents : Mr. Anil Thakur, Advocate, for respondent No.1 and 2, in all the petitions. Mr. Rahul Mahajan, Advocate, for respondent No.3, in all the petitions. Mr. Rajpal Thakur, Additional Advocate General, for the respondents-State. Ajay Mohan Goel, Judge (Oral) As prayed for, these petitions are being disposed of vide common order. 2. The grievance of the present petitioners pertains to the release of Employees Family Pension Fund Contributions deposited by them as well as by the employers. 3. Mr. Rahul Mahajan, learned counsel for the Regional Provident Fund Commissioner has handed over instructions dated 05.03.2026, in which, it is mentioned that the petitioners are eligible for withdrawal benefit as per Para-32 of the Employees Family Pension Scheme, 1971. 3 4. At the request of learned counsel for the petitioners, learned counsel for respondent No.3 has assured that a copy of Form No.10-C will be supplied during the course of the day, to enable the petitioners to submit the aforesaid applications in accordance with law. 5. Consequently, in view of the above, all the petitions are disposed of with reserving liberty to the petitioners to apply for release of the Employees’ Family Pension Fund Contributions (employees’ and 2 employers’ share) in Form No.10-C, as per the Employees’ Family Pension Scheme, 1971, through respondents No.1 & 2 to respondent No.3. Upon submission of such applications, respondent No.3 shall, within two weeks thereafter, release the amount due and admissible to each of the petitioners by remitting the same into their bank accounts, details of which shall be furnished by the petitioners along with Form No.10-C. 5. Pending miscellaneous application(s), if any, shall also stand disposed of. (Ajay Mohan Goel) Judge March 06, 2026 (Vinod)