Jharkhand High Court
Sweety Swet vs The Coal Mines Provident Fund ... on 9 December, 2020
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.5101 of 2018
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Sweety Swet, aged about 26 years, Daughter of Late Bindeshwari Das, presently residing at House No.12, Deputy Para, Near Netram Eye Hospital, Kutchery Chowk, P.O. & P.S. Kotwali, District Ranchi-83400 .... .... .... Petitioner Versus
1. The Coal Mines Provident Fund Commissioner, Office of the Coal Mines Provident Fund Commissioner, Police Line, Hirapur, P.O. & P.S. Hirapur, District Dhanbad-826014
2. The Regional Commissioner-I, Office of the Coal Mines Provident Fund Commissioner, Region-I, 4th Floor, RIADA Building, Namkum, P.O. & P.S. Namkum, District Ranchi-834010
3. Mr. T.R. Nayak, father's name not known to the petitioner, at present posted as Regional Commissioner-I, Office of the Coal Mines Provident Fund Commissioner, Region-I, 4th Floor, RIADA Building, Namkum, P.O. & P.S. Namkum, District Ranchi-834010
4. Central Coalfields Limited (a subsidiary of Coal India Limited) through its Chairman-cum-Managing Director, Darbhanga House, P.S. Kotwali, Ranchi- 834001
5. The General Manager, Argada Area, Central Coalfields Limited, Office of General Manager, Argada Area, P.O. & P.S. Argada, District Hazaribagh- 829108
6. The Manager (Personnel), Giddi (W.S.) Giddi Washery Colliery, Central Coalfields Limited, P.O. Giddi (A), P.S. Giddi, District Hazaribagh-829108
7. The Project Officer, Giddi Washery Colliery, Central Coalfields Limited, P.O. Giddi-A, P.S. Giddi, District Hazaribagh-829108 .... .... .... Respondents CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Sudarshan Srivasatava, Advocate For the Respondents-CMPF: Mr. Prashant Kumar Singh, Advocate For the Respondents-CCL : Mr. Amit Kumar Sinha, Advocate
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04/09.12.2020 Heard Mr. Sudarshan Srivasatava, learned counsel for the petitioner and Mr. Prashant Kumar Singh, learned counsel for the respondents-CMPF as well as Mr. Amit Kumar Sinha, learned counsel for respondents-CCL.
This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
The petitioner has preferred this writ petition for direction upon the respondents to release the remaining amount of provident fund in favour of the petitioner to the tune of Rs.15,08,337/-.
The father of petitioner Late Bindeshwari Das was posted as Foreman in-charge in Giddi Washery, who took voluntary retirement on 09.08.2014 under para 9.4.0 of NCWA-IX on medical ground as he was suffering from renal 2 disease. The petitioner's father died on 19.09.2015. Thereafter, the petitioner applied for the provident fund amount before respondent-CMPF. Pursuant thereto, 50% of the amount has been released in favour of the petitioner. Annexure-10 dated 11.04.2018 has been issued by the Regional Commissioner- I whereby the petitioner was directed to produce succession certificate addressing to CCL and copy of the same was forwarded to the petitioner.
Mr. Sudarshan Srivasatava, learned counsel for the petitioner submits that unnecessarily Annexure-10 has been issued. Thereafter, the CMPF by way of Annexure-6 dated 26.02.2018 requested to respondent-CCL to disclose who were the dependent of deceased. The respondent-CCL by way of Annexure-7 dated 16.03.2018 replied to the Regional Commissioner, CMPF, Region-I. List of surviving members of family of deceased has also been produced.
Mr. Prashant Kumar Singh, learned counsel for the respondents-CMPF submits that in view of Rule 64 of CMPF, it is requirement to produce the succession certificate that is why the CMPF requested for the same.
Mr. Amit Kumar Sinha, learned counsel for respondents-CCL submits that according to CCL, the petitioner is only dependent as indicated in para 7 of the writ petition.
The Court has gone through the materials on record. On perusal of Annexure-7, it transpires that three daughters are already married and they are living with their husband at different places. Janki Devi, mother of the deceased has already expired on 06.04.2017. Death certificate of Janki Devi is on record. On perusal of those documents, it is crystal clear that the petitioner is only dependent for receiving of the remaining amount of provident fund. 50% of the amount has already been released in favour of the petitioner. In paragraph 9 of the writ petition, it has been stated that three daughters are already married and they have given their no objection in favour of the petitioner for payment of provident fund. Thus, there is no impediment for release of remaining amount in favour of the petitioner.
Accordingly, respondent-CMPF is directed to release the amount along with statutory interest in favour of the petitioner within a period of eight weeks from the date of receipt/production of copy of this order.
(Sanjay Kumar Dwivedi, J.) Anit