Jharkhand High Court
Degan Kumhar vs M/S Bharat Coking Coal Ltd on 2 August, 2023
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5528 of 2014
Degan Kumhar ..... Petitioner
Versus
M/s Bharat Coking Coal Ltd., through its Chairman-cum-Managing Director,
Dhanbad & Others ..... Respondents
-----
CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
-----
For the Petitioner: Mr. Ajay Kr. Singh
For Respondent No.4: Mr. Prashant Vidyarthy
For the BCCL: None
-----
22/02.08.2023 The present writ petition was earlier taken up by this Court on
12.01.2021 and on the said date, the following order was passed:
"Heard through V.C.
2. Nobody appears for the petitioner. However, Mr. Prashant Vidyarthi, learned counsel for the C.M.P.F. seeks time to get latest instruction as to whether the amount, which was erroneously deducted, has been refunded to the petitioner or not
3. Put up this case on 28.01.2021."
Subsequently, a supplementary counter affidavit dated 08.04.2021 has been filed on behalf of the respondent No.4 (CMPF) stating inter alia that as per practice, the pension contribution in respect of non-entitled member (non- member) of Coal Mines Pension Scheme, 1998, if deducted from his salary, is refunded to the said non-member by the concerned colliery. In the present case, all available records of CMPF-RO-I (erstwhile RO-III, Dhanbad) were searched and it was found that no deposit of pension contribution of 2% for the period from 3/90 to 3/98 and one additional increment for the period from 3/96 to 3/98 was made. However, the Management of Bastacolla Colliery has stated in the pension claim of the petitioner (CMPF No. C/317824) that the deduction for the period from 3/90 to 3/98 (2%) and one additional interment for the period from 3/96 to 3/98 has been made and the same has been deposited in CMPF. Though the records of deposit are not available in CMPF, however, if the deposit statement is confirmed by the Management of Bastacolla Colliery, the said amount will be refunded by the CMPF.
Considering the aforesaid averments made in the supplementary counter affidavit filed on behalf of the respondent No.4, the Management of Bastacolla Colliery is directed to verify the details of aforesaid deposit with respect to the petitioner and to communicate the same to the respondent No.4 within four weeks so as to take further steps in this regard.
The respondent-BCCL and CMPF shall file respective supplementary counter affidavits in this regard within two weeks thereafter.
Put up this case on 20.09.2023 under the heading ''For Admission''.
Satish/- (RAJESH SHANKAR, J)