Jharkhand High Court
Kalawati Devi vs Bharat Coking Coal Ltd Through The ... on 30 June, 2017
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No.7343 of 2012
Kalawati Devi W/o Late Srikant Singh, resident of Q. No.27 B.L.,
P.O. and P.S.Bhuli, DistrictDhanbad, Jharkhand
.... ...... Petitioner
Versus
1. Bharat Coking Coal Ltd., through the Chairman Cum Managing
Director, Office at Koyla Bhawan, P.O.Koyla Nagar, P.S.Dhanbad,
DistrictDhanbad (Jharkhand)
2. The Chairman Cum Managing Director, Bharat Coking Coal Ltd.,
Office at Koyla Bhawan, P.O.Koyla Nagar, P.S.Dhanbad, District
Dhanbad (Jharkhand)
3. Sr. Manager (Personnel), Bharat Coking Coal Ltd., Office at
Koyla Bhawan, P.O.Koyla Nagar, P.S.Dhanbad, DistrictDhanbad
(Jharkhand)
4. The Chief Manager (Personnel), Bharat Coking Coal Ltd., Katras
Area, P.O. and P.S.Katras, DistrictDhanbad
5. Regional Commissioner, Coal Mines Provident Fund RegionDII,
P.O. and P.S.Dhanbad, DistrictDhanbad
.... ..... Respondents
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Jitendra Shankar Singh, Adv.
For the Resp.BCCL : Mr. Indrajit Sinha, Adv.
Mr. Kaustav Panda, Adv.
For the Resp.CMPF : Mr. Prashant Vidyarthy, Adv.
03/30.06.2017The petitioner, widow of late Srikant Singh, who was employee under the respondentM/s Bharat Coking Coal Limited and died in harness on 08.11.2010, has approached this Court for a direction for payment of CMPF full amount. She has also challenged a part of order contained in letter dated 3/4.09.2012 whereby, payment of monetary compensation in terms of NCWAIX was ordered from 01.09.2012.
2. At the outset, Mr. Prashant Vidyarthy, the learned counsel for the respondentRegional Commissioner, CMPF states that 50% CMPF amount was withheld for other legal heir/surviver of the deceased employee.
3. It appears that at the time of death of the employee, 2 only two legal heirs, that is, his wife and his mother were surviving. Mr. Jitendra Shankar Singh, the learned counsel for the petitioner states that now, motherinlaw of the petitioner has died and, thus, she is entitled to receive balance 50% CMPF amount. Mr. Prashant Vidyarthy, the learned counsel for respondent no.5 does not dispute this position. Accordingly, it is ordered that on production of a duly certified copy of the death certificate evidencing death of Shiv Kumari Devi, full CMPF amount shall be released in favour of the petitioner, within a period of four weeks.
4. Insofar as, challenge to the order contained in letter dated 3/4.09.2012 is concerned, a perusal of order dated 01.08.2012 would disclose that the competent authority had ordered payment of monetary compensation to the petitioner from next month to the application for monetary compensation. In the counteraffidavit, respondentM/s BCCL has not taken a plea that the application for monetary compensation submitted by the petitioner was not complete in all respects and while so, the management must honour its own order vide Annexure5. Accordingly, the arrears of monetary compensation shall be paid to the petitioner in terms of order dated 01.08.2012, within four weeks.
5. The writ petition stands allowed, in the aforesaid terms.
(Shree Chandrashekhar, J.) Pankaj/