Calcutta High Court
Amara Badyakar Alias Angura Badyakar vs M/S Eastern Coal Fields Ltd. And Ors on 10 February, 2023
OD-10
WPO/3364/2022
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
AMARA BADYAKAR ALIAS ANGURA BADYAKAR
VS
M/S EASTERN COAL FIELDS LTD. AND ORS.
BEFORE:
The Hon'ble JUSTICE LAPITA BANERJI
Date: 10th February, 2023
Appearance:
Mr. Partha Ghosh, Adv.
Mr. Amal Kumar Dutta, Adv.
Mr. Debashis Das, Adv.
Ms. Simran Surekha, Adv.
Mr. Rahul Agarwala, Adv.
...for the petitioner
Mrs. Priti Banerjee, Adv.
...for the respondent nos.1 to 7
The Court : Mr. Ghosh, appearing on behalf of the petitioner submits that the CMPF Authorities/respondent no.8 will be served by the adjourned date of hearing. Let a proof of service of respondent no.8 be filed in Court on the adjourned date of hearing.
Ms. Surekha, learned Advocate appearing on behalf of the petitioner submits that the petitioner's husband was an employee of Eastern Coal Fields Limited (ECL). The petitioner's husband died in harness in September 2006. The petitioner was granted compassionate appointment 2 on December 31, 2008. The said appointment was made upon satisfaction of the respondent authorities that the petitioner was the wife of the deceased employee. Furthermore, the petitioner was declared to be the nominee for the purpose of receiving gratuity. The petitioner has received such gratuity amount and also the payment under the Life Cover Scheme. However, the petitioner has not yet received the provident fund dues and the pension dues as per the Coal Mine Pension Scheme. It is submitted that the petitioner is entitled to the provident fund dues and the pensionary dues along with interest from September 22, 2006 (being the date succeeding the date of death of her husband).
Mrs. Banerjee, learned Advocate appearing on behalf of the respondent nos.1 to 7 urges a point of maintainability of the writ petition on the Original Side of this Hon'ble Court. She submits that none of the records are lying within the Original Side jurisdiction of this Court. She submits that since there is a dispute with regard to the identity of the writ petitioner, the provident fund and the pensionary dues have not yet been paid to her.
Having considered the submissions of the parties and the materials placed on records, the respondent no.6, The Senior Manager (Personnel) or the respondent no.7, The Agent, Shyamsundarpur Colliery, E.C.L. is directed to file a report on affidavit by March 10, 2023, on the issue why the pensionary benefits and the provident fund dues have not yet been released to the petitioner. Exception, if any, be filed by March 22, 2023.
The parties are directed to exchange advance copies of their affidavits. Let the matter appear for further consideration on March 24, 2023. 3 It is made clear that the point of maintainability is kept open. All parties to act on a server copy downloaded from the official website of this Hon'ble Court.
(LAPITA BANERJI, J.) B.Pal