Jharkhand High Court
Uttari Devi vs Central Coal Field Limited Through Its ... on 19 May, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1404 of 2015
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Uttari Devi --- --- ---- Petitioner
Versus
1. Central Coalfields Limited through its Chairman cum
Managing Director
2. General Manager (P&IR), Central Coalfields Limited
3. General Manager, Kuju Area, Central Coalfields Limited
4. Project Officer, Pindra Colliery
5. Regional Commissioner, Region-II, Coal Mines Provident Fund -- Respondents
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioner: Mr. Deen Bandhu, Advocate
For the Respondent-CCL: M/s Amit Kr. Das, Arvind Kr, Advocates
For the Respondent-CMPF: Mr. Prashant Vidyarthi, Advocate
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03/ 19.05.2015Heard counsel for the parties.
2. Petitioner is the widow of late Rajendra Munda, a Time Rated Worker of Pindra Colliery under the respondent-CCL who died in harness on 12.05.2005.As per Form B No. 2335 containing the particulars of the family of the deceased, petitioner is the only person legally entitled to receive retiral dues of employee, though all formalities have been completed for payment and representations have also been made vide Annexures-4&5, the claim towards Gratuity, Life Cover Scheme (LCS), Pension and CMPF remained unredressed. Petitioner has however been appointed on compassionate ground. In such circumstances, petitioner has to approach this Court for the instant relief.
3. Learned counsel for the respondents-CCL and CMPF submit that the competent authority would look into the matter and if the petitioner is legally entitled for the admissible pension and CMPF amounts, necessary papers would also be forwarded to the respondent no. 5 - Regional Commissioner, Region-II, Coal Mines Provident Fund without any delay for settlement of the said claims.
4. Having regard to the aforesaid facts and submissions made, let the petitioner approach the Respondent No. 4 - Project Officer, Pindra Colliery through a fresh representation for redressal of the aforesaid grievances duly supported with all necessary facts and documents. Respondent No. 4, on receipt thereof, would determine the petitioner's claim and if the claim towards gratuity 2. and LCS is found to be due after due verification of the relevant records, the same be released within a period of twelve weeks thereafter in favour of the petitioner / rightful claimant. In respect of the claim towards pension and CMPF, if the same are found to be supported by documentary evidence, let necessary papers be forwarded to the office of the Respondent No. 5 - Regional Commissioner, Region-II, Coal Mines Provident Fund within the same time for processing and settlement of the aforesaid claims. Respondent No. 5, on receipt thereof, would take a decision in accordance with law and release the admissible dues towards pension and CMPF along with statutory interest within six weeks thereafter.
5. The writ petition stands disposed of.
(Aparesh Kumar Singh, J) Ranjeet/