Bhuneshwar Mochi Alias Bhuneshwar vs State Of Jharkhand & Ors on 22 June, 2017

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Jharkhand High Court

Bhuneshwar Mochi Alias Bhuneshwar vs State Of Jharkhand & Ors on 22 June, 2017

Bench: Shree Chandrashekhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            W.P.(S) No. 4249 of 2009
                                     -----
            Bhuneshwar Mochi @ Bhuneshwar Rabidas, son of Late Gujar
            Mochi, resident of at present village- Sulmi, PO-Lupang, PS-
            Katkamsandi, District-Hazaribagh              .... Petitioner

                                              -Versus-

         1. The State of Jharkhand
         2. M/s Bharat Coking Coal Limited,through its Chairman-cum-
         Managing Director, Koyla Bhawan, Saraidhela, Dhanbad
         3. Director Personnel, Bharat Coking Coal Limited, Koyla
         Bhawan, Saraidhela, PO, PS & District-Dhanbad
         4. The Chief General Manager, Area No. IV of M/s Bharat
         Coking Coal Limited, PO-Katrasgarh, PS-Katras, District-
         Dhanbad
         5. Personnel Manager, East Katras Colliery, Area No. IV of M/s
         B.C.C.L., PO Katrasgarh, PS-Katras, District-Dhanbad
         6. The Project Officer, East Katras Colliery, Area No. IV of M/s
         B.C.C.L., PO Katrasgarh, PS-Katras, District-Dhanbad
         7. Deputy Personnel Manager, East Katras Colliery, Area No.
         IV of M/s B.C.C.L., PO Katrasgarh, PS-Katras, District-Dhanbad
                                                  ....... Respondents
                                   ------
   CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
                                    -----

                For the Petitioner         : Mr. Vinit Kumar Vashistha, Adv.
                For the Resp.-BCCL         : Mr. Arpan Mishra, Adv.

                                           -----

10/22.06.2017

The petitioner who was appointed on 15.07.1963 under Gazli Tand colliery came under employment of the respondent-M/s BCCL from 15.12.1975. His grievance is in respect of calculation of pensionary benefits treating his date of appointment on 15.12.1975.

2. In the counter-affidavit, the respondent-M/s BCCL admits that the petitioner was enrolled as a member of CMPF in the year 1964 under CMPF No.D/418905. The service details of his employment were recorded in Form-B. It appears that the petitioner was subsequently employed at Katras colliery under the respondent-M/s BCCL on 15.12.1975 and another Form-B was completed. His pensionary benefits have been calculated taking 15.12.1975 as initial date of appointment whereas, he was appointed on 15.07.1963. Plea taken by the respondents is that he himself has written his date of employment as 15.12.1975, his pensionary benefits have been calculated on that basis. The respondent-M/s BCCL has pleaded that it has forwarded the papers for payment to CMPF.

3. Apparently, the stand taken by the respondent is unsustainable. Once it is admitted that the petitioner was enrolled as member of CMPF, without holding that he did not make contribution in the Fund, CMPF benefits from the March, 1965 cannot be denied to the petitioner. Accordingly, the Project Officer, East Katras Colliery of M/s BCCL- respondent no.6 is directed to verify CMPF contribution and transmit necessary documents for payment of CMPF amount to the petitioner from March, 1965.

4. The writ petition stands disposed of, with the above directions.

(Shree Chandrashekhar, J.) sudhir

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