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High Court of Himachal Pradesh · body

2025 DAILYLAW 34150 (HP)

KISHORI LAL v. HIMCHAL PRADESH AGRO INDUSTRIES CORPORATION LTD AND OTHERS

CWP/2394/2023 · 2025-12-02

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2392/2023 a/w connected matters Decided on: 02.12.2025 1. CWP No. 2392/2023 Uttam Chand …Petitioner Versus H.P. Agro Industries Corporation Limited & Ors. .…Respondents. 2. CWP No.2394/2023 Kishori Lal …Petitioner Versus H.P. Agro Industries Corporation Limited & Ors. .…Respondents. 3. CWP No. 2396/2023 Ranjeet Singh …Petitioner Versus H.P. Agro Industries Corporation Limited & Ors. .…Respondents. 4. CWP No. 2398/2023 Kartar Singh …Petitioner Versus H.P. Agro Industries Corporation Limited & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 For the petitioner(s): Mr. Vijay Chaudhary and Mr. Vijay Mokta, Advocates, in all the petitions. For the respondent(s): Mr. Anil Thakur, Advocate for respondents No.1 & 2 in all the petitions. Mr. Rahul Mahajan, Advocate for respondent No.3 in all the petitions. Mr. Rajat Choudhary, Assistant Advocate General, for respondent No.4 in all the petitions. Mr. Suresh Chauhan, SSO from the office of RPFC, present in person. Jyotsna Rewal Dua, J. The only surviving dispute between the parties pertains to the release of Employees’ Family Pension Fund Contributions deposited by the petitioners (employees) as well as by respondent Nos.1 and 2 (employers). 2. Learned counsel for respondent No.3–Regional Provident Fund Commissioner, Shimla has placed on record office instructions dated 01.12.2025 and submits that respondent No.3 has not yet released the Employees’ Family Pension Fund Contributions made both by the petitioners and their employers in favour of the petitioners, as the petitioners have not yet submitted applications for withdrawal of the Family Pension Scheme contributions in Form No.10-C under the Employees’ Family Pension Scheme, 1971. 3 Learned counsel further submits that within two weeks from the date the petitioners applying for withdrawal of the Family Pension Fund Contributions, the amount due and admissible shall be released into their respective bank accounts in terms of the Employees’ Family Pension Scheme, 1971. 3. 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. 4. In view of the above, these writ petitions are disposed of with liberty reserved to the petitioners to apply for release of the Employees’ Family Pension Fund Contributions (employees’ and employers’ share) in Form No.10-C, as per the Employees’ Family Pension Scheme, 1971, through respondent 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. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 2nd December, 2025(rohit)