No. 3/11.03.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. P. R. Bakshi, the Ld. Advocate, Respondent No. 1 in person and Respondent No. 2. through Mr. Ranjay De, the Ld. Advocate are present.  Cost has been paid as per earlier direction.  Respondent No. 1 files WNA.  At the stage of final hearing of the appeal the contention has been made by Mr. Dey, the Ld. Advocate for the Respondent No. 2 – Trustee Board that the provision of law mainly Para 68H of the Employees’ Provident Fund Scheme, 1952 does not apply in the present case as similar provision is available under Rule 19I(1A) of the National Insulated Cable Company of India Limited Workmen Provident Fund and, therefore, the Respondent No. 2 is liable to act only under the said Rule 19I(1A) and not under the provision as mentioned in the application for loan by Respondent No. 1.  In the circumstances both parties agreed that the Respondent No. 2 will be entitled to treat the application earlier filed by the Respondent No. 1 as an application under Rule 19I(1A) and to pay the said amount of Rs.10,000/- under the said provision only.  Respondent No. 1 who is present in person agrees to the said proposal as he is to get the money and the legal niceties should not stand in the way.  Therefore, the appeal is disposed of with the direction upon the Respondent No. 2 to pay the sum of Rs.10,000/- to the Respondent No. 1 after completing the necessary formalities and applying rules as indicated hereinabove.  Such payment will be made within a period one month from today.  The order impugned stands modified by substituting the ordering portion thereof by the direction passed hereinabove.  Appeal is disposed of finally.