Delhi High Court - Orders
Vinod Kumar Varshney vs Coal Mines Provident Fund & Ors on 17 March, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8159/2017
VINOD KUMAR VARSHNEY ..... Petitioner
Through: Mr. Prateek Yadav, Advocate.
versus
COAL MINES PROVIDENT FUND & ORS ... Respondents
Through: Mr. Prema Priyadarshini,
Mr. Pradyot Pravash & Mr. Priyansh
Kanwar, Advocates for Respondent No.1
alongwith Mr. Jyoti Parkash Krishana,
Assistant Commissioner-I, CMPF, D-1,
Dhanbad.
Mr. Amit Sharma, Mr. Dipesh Sinha,
Ms. Aparna Singh & Ms. Sakshi
Upadhyaya, Advocates for Respondent No.2
along with Mr. Prashant Ekram, Dy.
Manager (Legal), BCCL and Mr. Prabhat
Kumar, Manager (Personnel), Pension Cell,
BCCL.
Mr. Amit Sharma, Mr. Dipesh Sinha, Ms.
Aparna Singh and Ms. Sakshi Upadhyaya,
Advocates for R-5.
Mr. Ashwani Kr. Dubey, Mr. Avinash Gupta
and Mr. Akash Gupta, Advocates for
Respondent No.6 alongwith Mr. Ashok
Kumar Triveni, Manager (Personnel) NCL
and Mr. Pradeep Srivastava, SOP (NCL).
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 17.03.2023
1. It is an admitted position as captured in the last order passed by this Court that the Petitioner herein is seeking arrears of his retiral benefits which admittedly, have not been paid to him till date for one reason or the other.
2. Repeated affidavits have been filed on behalf of the Respondents, however, leading to no finality or certainty as to how Signature Not VerifiedW.P.(C) 8159/2017 Page 1 of 2 Digitally Signed By:KAMAL KUMAR Signing Date:20.03.2023 15:02:25 much amounts are due and the reason why the Petitioner has been denied of his legitimate dues.
3. Pursuant to the order dated 13.03.2023, Mr. Jyoti Parkash Krishana, Assistant Commissioner-I, CMPF, D-1, Dhanbad of Respondent No.1 is present. Mr. Prashant Ekram, Dy. Manager (Legal), BCCL and Mr. Prabhat Kumar, Manager (Personnel), Pension Cell, BCCL are present on behalf of Respondent No.2. Mr. Ashok Kumar Triveni, Manager (Personnel) NCL and Mr. Pradeep Srivastava, SOP (NCL) are present on behalf of Respondent No.6.
4. Joint submission of the Respondents is that the Petitioner has not furnished the exact calculation of the amounts due to him and under what heads.
5. Let the Petitioner supply complete calculation of the amounts which, according to him, are due from the Respondents, within a period of three days from today.
6. On receipt of the calculation, the Respondents shall complete the entire exercise of calculating and disbursing the entire amounts due to the Petitioner within a period of three weeks, thereafter.
7. List on 21.04.2023 for reporting compliance.
8. Needless to state that if any formalities are required to be carried out at the end of Respondents No.2, 5 and 6, the same shall be completed and requisite documents/contributions, if any, shall be sent/made to Respondent No.1.
9. It is also directed that Assistant Commissioner-I of Respondent No.1 i.e. Coal Mines Provident Fund and Deputy Manager (Legal) of Respondent No.2 i.e. Bharat Coking Coal Ltd. shall remain present in Court on the next date.
MARCH 17, 2023/K JYOTI SINGH, J Signature Not Verified W.P.(C) 8159/2017 Page 2 of 2 Digitally Signed By:KAMAL KUMAR Signing Date:20.03.2023 15:02:25