Jharkhand High Court
Shubhabrata Malakar And Ors vs Eastern Coalfields Limited Through Its ... on 27 August, 2024
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 124 of 2021
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Shubhabrata Malakar and Ors. ....Petitioners Versus Eastern Coalfields Limited through its Chairman cum Managing Director and Ors.
....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Kaushik Sharkhel, Adv. For the Resp.-ECL : Mr. Rajesh Lala, Adv. For the Resp.-CMPFO : Mr. Prashant Kumar Singh, Adv.
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19/Dated:-27.08.2024 Order dated 10.07.2024 reads as follows:
"An Interlocutory Application to bring on record the joint compromise petition has been preferred by the respondent no. 6 (widow) and writ petitioners (other legal heirs of the deceased employee) indicating therein that now they are having no issue with regard to payment of amount; as such the instant I.A may be disposed of and a direction may be given to Eastern Coalfields Ltd.
and CMPF for payment of the admissible dues, in accordance with law.
Learned counsel for the petitioner has also raised a claim with regard to compassionate appointment.
Mr. Prashant Kumar Singh, learned counsel appearing for the CMPF submits that they are having no objection in paying the entire admissible dues to the claimants as per the CMPF Scheme. Mr. Rajesh Lala, learned counsel appearing for the Eastern Coalfields Limited submits that so far as the appointment is concerned, the same is not possible in view of delay and they have taken a specific stand in the reasoned order as also in the counter affidavit. However, so far as the payment of admissible dues such as CMPF amount, gratuity etc. the legal heirs of the deceased employee are required to come to the office for filling up some forms, which are required, so that necessary claim of CMPF can be forwarded to the CMPF Office who in turn shall pay the same to the rightful claimant.
Mr. A.K.Sahani, learned counsel appearing for the respondent no. 6 submitted that the dispute has been settled between all the legal heirs; as such the respondents be directed to pay all the admissible monetary benefits standing in the name of deceased employee including CMPF etc. to the Respondent No.6 Having regard to the aforesaid submissions, the petitioners and respondent no. 6 will go to the office of respondent no. 3, General Manager, Mugma Area of Eastern Coalfields Ltd. having its office at Mugma Area, District-Dhanbad within a period of 2 weeks from today. The petitioners and the respondent no. 6 will approach the respondent no. 3 and the respondent no. 3 shall ensure that all the documents should be filled up by them and thereafter they shall forward the claim papers to the office of CMPF OFFICE within a further period of 3 weeks and subsequently the respondent-CMPF shall pay the entire CMPF amount as per the scheme to the rightful claimants within a further period of 3 weeks. The Coal Company shall also pay other admissible dues within the aforesaid stipulated period.
So far as prayer of the petitioner with regard to compassionate appointment; the same shall be taken up on the next date of hearing.
Put up this case on 27.08.2024."
2. Learned counsel representing the respondent No.3 submits that in view of the order dated 10.07.2024, the petitioners and respondent No.6 were directed to approach respondent No.3 together, but perhaps due to communication gap both of them did not visit the office on the same day; accordingly, learned counsel for the parties submits that a date may be fixed so that they should appear before the respondent No.3.
3. Having regard to the aforesaid submission, let the petitioners and respondent No.6 appear before the respondent No.3 on 31.08.2024 between 10:00 A.M. to 01:00 P.M. and the respondent No.3 is further directed to ensure that all documents should be properly filled up by the claimants and thereafter, they will do the needful as directed in the earlier order.
4. Let this case be listed on 24.09.2024.
(Deepak Roshan, J.) vikas/-
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