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TMI Blog1990 (1) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... We are, therefore, of the opinion that the courts below have erred in holding that the Coal Mines Provident Fund Commisioner is not a public officer within the meaning of the term in section 2(17)(h) of the C.P.C. - Civil Appeal No. 1932 of 1982 - - - Dated:- 31-1-1990 - Fathima Beevi, M. (J) And Saikia, K. N. (J),JJ. JUDGMENT The Judgment of the Court was delivered by Fathima Beevi, J. This appeal by special leave is against the judgment dated 7.9.1981 of the High Court of Judicature at Patna, Ranchi Bench, Ranchi in Civil Revision No. 341 of 1981. The short question that falls for consideration in this appeal is whether the Coal Mines Provident Fund Commissioner is a 'public officer' as defined in section 2(17) of the Code of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovident Fund Scheme for the establishment of a provident fund for employees and specify the coal mines to which the said scheme shall apply. The fund shall vest in, and be administered by the Board constituted under section 3A. The Board thus constituted consists of (a) a Chairman appointed by the Central Government; (b) the Coal Mines Provident Fund Commissioner, ex-officio; and others specified in the section. The other relevant provisions read thus: "3B. The Board of Trustees constituted under section 3A shall be a body corporate under the name specified in the Notification constituting it, having perpetual succession and a common seal and shall by the said name sue and be sued. 3C. Appointment of Officers: (1) The Central Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the orders of Government or control of the Government. To serve means "to perform function; do what is required for". The Commissioner appointed by Government performs the functions as envisaged in the Act and the scheme thereunder. When he is actually acting in the capacity of Provident Fund Commissioner, he does not cease to be an officer in the service of the Government. In Liquidator of Society Sangakheda Kalan Co-operative Bank, Hoshangabad v. Ayodhyaprasad Shiamlal, AIR 1939 Nagpur 232, Pollock, J. held that liquidator is a public officer as he is appointed by the Government and discharges public duties. This decision is distinguished in Kuppu Govinda Chettiar v. Uttukottai Co-operative Society, AIR 1940 Madras 831 holding that D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... employee. In the present case, the Provident Fund Commissioner holds the office of Commissioner on appointment by Government by virtue of his office. His services are temporarily placed at the disposal of the Board. He does not, therefore, cease to be an officer in the service of the Government. The payment of his pay out of the Fund does not alter his status as Government employee. We are, therefore, of the opinion that the courts below have erred in holding that the Coal Mines Provident Fund Commisioner is not a public officer within the meaning of the term in section 2(17)(h) of the C.P.C. We, accordingly, allow the appeal and remit the case to the trial court for disposal in the light of what has been stated above. G.N. Appeal allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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