Jharkhand High Court
Doman Das vs Central Coalfield Limited & Or on 28 February, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1160 of 2011
---
Doman Das --- --- ---- Petitioner
Versus
Central Coalfields Limited through its
Chairman-cum-Managing Director & others --- --- --- Respondents
---
CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioner: Mr. Nand Kishore Prasad, Advocate
For the CCL: Mr. Bhaiya Bishwajeet Kumar, Advocate
For the CMPF: Mr. L.C.N. Shahdeo, Advocate
---
08/ 28.02.2014Heard counsel for the parties.
2. In the present writ application, the simple grievance of the petitioner is that the respondents have not paid CMPF amount for the period 1981-86 as also pension for the same period on the basis of N.C.W.A.-VIII in vogue. He has also sought for payment of arrears of N.C.W.A.-VIII and some attendance bonus for the period July and August 2008.
3. According to the respondent CMPF, there are some discrepancies in the name of the father of the petitioner. Counsel for the petitioner submits that the records maintained in the office of the respondent employer would reveal the correct name of the petitioner and his father and such records are required to be transmitted to the office of the CMPF for payment of CMPF and pension amount.
4. Having regard to the aforesaid submissions made, it appears that on earlier occasion, though the writ petitioner was directed to appear before a particular respondent, but because of some confusion, the matter has not been resolved. In such circumstances, instead of keeping the writ petition pending, it is desirable that the same be disposed of at this stage without making any comments on the merits of the claim of the petitioner, by allowing him to approach the respondent no. 7 - the Project Officer, Kedla Open Cast Project, CCL, Ramgarh, with a copy to the respondent no. 5 - the Project Officer, Kedla Washery, CCL at Basatpur, Ramgarh, with a representation duly supported with necessary facts and documents for redressal of the aforesaid grievances within a period of three weeks. On receipt of such representation, the respondent no. 7 shall consider the same in accordance with law and after due enquiry from the office of the respondent no. 5, take a decision in the matter of claim of the petitioner, within a period of ten weeks thereafter. Dependent upon such enquiry and decision taken, the relevant details and forms relating to the petitioner's claim be forwarded to the office of the respondent no. 8 - the Regional C.M.P.F. Commissioner, Region-II, Ranchi without any further delay. On receipt of such communication / or necessary documents in respect of the petitioner's claim, the respondent no. 8 shall take a decision in relation to the payment of CMPF and pension amount claimed by the petitioner and if the claim of the petitioner are admissible, the same be released in favour of the petitioner, within a period of eight weeks thereafter along with statutory interest.
The writ petition is accordingly disposed of in the aforesaid manner.
(Aparesh Kumar Singh, J) Ranjeet/