Jharkhand High Court
Rajmani Ram vs Bharat Coking Coal Ltd Through Its ... on 9 September, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 7152 of 2013
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Rajmani Ram ... ...Petitioner
-V e r s u s-
Bharat Coking Coal Ltd. and Ors. ... ...Respondents
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CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : - Mr. Ajay Kr. Singh, Adv.
For the Respondent-BCCL: - M/s Ananda Sen & Kaustav Panda
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05/09.09.2014Heard learned counsel for the parties.
The present writ petition has been preferred for payment of certain outstanding post retirement dues such as CMPF amount, pension under CMPS, 1998 and claim relating to yearly bonus, quarterly bonus, LTC, LLTC etc. as also the benefits of Vth and subsequent pay revision under NCWA.
The case of the petitioner has a checkered history. He was dismissed from service due to absence from duty w.e.f. 06.05.1997. Thereafter, he preferred an appeal before the respondents, pursuant to the liberty granted earlier by this Court. The Management partly allowed the appeal with regard to the payment of retiral benefits as per Annexure-6 vide order dated 07.12.2012. The Appellate Order refers that the petitioner attained the age of 60 years in July, 2012 and the petitioner had applied for release of retiral benefits. Therefore, by the said order, the General Manager, Lodna Area, directed the petitioner to appear in the office of Project Officer, South Tisra Colliery so that his claim applications can be processed in relation to Gratuity, CMPF, CMPS-98, however, the claim for idle wages was rejected. Thereafter, the petitioner has been paid GPF amount, which is at Annexure-7. Therefore, the claim of the petitioner is in relation to CMPF amount, pension under CMPS-1998 and other claims relating to arrears of wages under NCWA.
As per the affidavit of the respondent, CMPF, no claim in respect of CMPF or pension has been received in the office of CMPF.
Learned counsel for the respondent-BCCL submits that if the petitioner has completed necessary formalities the necessary papers relevant for processing his aforesaid claim can be forwarded to the office of CMPF, if not already forwarded, if the petitioner's claim is found to be admissible.
Having regard to the aforesaid submissions of the rival parties, the writ petition is being disposed of by giving liberty to the petitioner to file a fresh representation duly supported with all necessary facts and documents before the respondent no. 2, the Project Officer, South Tisra Colliery, Dhanbad for redressal of remaining grievances and complete all formalities, if not already completed in respect of processing his claim such as CMPF, pension under CMPS-1998 and other claims relating to arrears of wages under NCWA. On receipt of such claim of the petitioner duly supported with all necessary facts and documents and on being satisfied that the same are genuine and admissible, the respondent no. 2, the Project Officer, South Tisra Colliery, Dhanbad shall forward the relevant papers to the office of respondent no. 3, the Regional Commissioner, CMPF, Dhanbad within a period of 10 weeks thereafter.
On receipt of relevant documents, the office of respondent no. 3, the Regional Commissioner, CMPF, Dhanbad would process the claim of the petitioner and release the admissible amount, which are found to be payable to the petitioner thereafter within a reasonable time along with statutory interest, if any.
The writ petition is, accordingly, disposed of.
(Aparesh Kumar Singh, J.) Kamlesh/