Smt. Fagun Devi vs Central Coalfields Ltd. & Ors on 27 November, 2014

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Jharkhand High Court

Smt. Fagun Devi vs Central Coalfields Ltd. & Ors on 27 November, 2014

Bench: Aparesh Kumar Singh

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W. P. (S) No. 7464 of 2011
                                       ...
                Smt. Fagun Devi                             ...     ...Petitioner
                             -V e r s u s-
           The Central Coalfields Ltd. through its
           Managing Director, Ranchi & Ors.                 ...   ...Respondents
                                    ...
       CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
                                    ...
           For the Petitioner              : - Mr. Pradip Kumar Prasad, Adv.
           For the Respondent-CMPF : - M/s L. C. N. Sahdeo, Adv.
                                                 Asmita Srivastava, Adv.
                                    ...

04/27.11.2014

As it appears from the writ petition, the grievances of the petitioner is in relation to payment of CMPF, gratuity, life cover scheme on account of death of late Budhawa Oraon, who was an ex-employee of the respondent-CCL posted as Trammer at Sirka Colliery, Ramgarh.

The husband of the petitioner is said to have died on 29.12.2002 during his service on completion of 30 years. According to the petitioner, the employee had submitted nomination form for payment of CMPF amount and after his death, the petitioner has approached the respondent authorities for payment of the same as per the scheme being wife and legal representative of the deceased employee. The petitioner also seems to have preferred a petition before the Assistant Labour Commissioner(Central), Hazaribagh for payment of Gratuity under the Payment of Gratuity Act. After having failed to elicit any response, she has approached this Court.

As per the counsel for the CMPF, the refund application/claim application has not been received from the management concerned to process the claim of the petitioner though letters have been written to them to furnish the details. No counter affidavit has been filed by the respondent-CCL.

Therefore, this Court is not in a position to determine the admissibility of the claim of the petitioner at this stage. However, the petitioner is given liberty to approach the respondent no. 2, the Project Officer, Sirka Colliery, CCL, Ramgarh with a fresh representation for redressal of her grievances in respect of CMPF and pension duly supported with all necessary facts and document. On receipt of the same, the respondent no. 2, the Project Officer, Sirka Colliery, CCL, Ramgarh would examine the same in accordance with law after due verification of the relevant service records of the deceased employee and take a decision within a period of 12 weeks thereafter.

Needless to say, if any of the claim of the petitioner is found to be genuine and legally admissible, necessary papers be forwarded to the office of the respondent no. 3, the Regional Commissioner, CMPF, Ranchi without any further delay. The respondent no. 3, the Regional Commissioner, CMPF, Ranchi, on receipt of the relevant documents in respect of CMPF and pension, would process the claim of the petitioner in accordance with law and if it is found to be genuine and admissible, the payable amount be released in favour of the petitioner/or any rightful claimants thereafter within a reasonable time.

Since the petitioner appears to have invoked alternative remedy before the competent authority for payment of gratuity under the Payment of Gratuity Act, no direction need to be passed in that respect.

Accordingly, the writ petition is disposed of in the aforesaid manner.

(Aparesh Kumar Singh, J.) Kamlesh/

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Jharkhand High Court