Jharkhand High Court
Faudari Bhuia vs M/S Bharat Coking Coal Limited And ... on 11 July, 2017
Author: S.N.Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S)No.1157 of 2010
Faudari Bhuia. ... ...Petitioner
-Versus-
1. M/s Bharat Coking Coal Limited represented through its
Chairman-cum-Managing Director, M/s Bharat Coking Coal
Limited, At- Koyala Bhawan, P.O. Sonardih, District-Dhanbad.
2. The Chief General Manager, Govindpur Area (Area-III), M/s
Bharat Coking Coal Limited, At- Bilbera Hause, P.O.-Sonardih,
District-Dhanbad.
3. The Personnel Manager, Maheshpur Colliery, M/s. Bharat
Coking Coal Limited, P.O.-Maheshpur, District-Dhanbad.
4. The Regional Commissioner, Coal Mines Provident Fund,
Region-D-II, Dhanbad, At-Jagjivan Nagar, P.O. & District-
Dhanbad.
5. The Assistant Commissioner-II, Coal Mines Provident Fund,
Region-D-II, Dhanbad, At-Jagjivan Nagar, P.O. & District-
Dhanbad.
6. Sri Madhuban Singh. ... ... ... ... ...Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioner: Mr. Niranjan Singh, Advocate.
For the B.C.C.L. Mr. Amit Kumar Sinha, Advocate.
For the Res. No.6: Mr. Shekhar Prasad Sinha, Advocate.
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06/ 11.07.2017The petitioner has approached this Hon'ble Court with a prayer to deposit the Coal Mines Provident Fund accumulation (herein after referred as C.M.P.F.) amount of Rs.2,73,331/- along with statutory interest in C.M.P.F. A/c No.D/14/177 of the petitioner since the respondent No.4 and 5 being the statutory Trustees of the C.M.P.F. amount of the employees of the M/s Bharat Coking Coal Ltd. (hereinafter referred as M/s B.C.C.L.) have wrongly and fraudulently transferred abovesaid C.M.P.F. amounts of the petitioner from his C.M.P.F. A/c and paid to another retired employee Faudari Bhuia in collusion with the officials of M/s B.C.C.L. Factual Matrix
2. The petitioner was working as a miner loader at Maheshpur Colliery having his Personnel No.02112274 and C.M.P.F.No.D/14/177. At the time of taking house loan, the petitioner came to know that his C.M.P.F. accumulation in his C.M.P.F. A/c is nil. The petitioner made a detailed enquiry and came to know that his C.M.P.F. accumulation amount of Rs.2,73,661/- has been fabricated and fraudulently transferred and deposited in the S/B A/c of another Faudari Bhuia of Aurangabad district of SBI, Madanpur Branch having his S/B A/c No.12050.
3. It has been stated that M/s B.C.C.L. had recommended and forwarded the fabricated claim for the withdrawal of P.F. amount 2. of the petitioner.
4. It is the case of the petitioner that he had earlier made representation to the concerned authorities of C.M.P.F. office , a letter No.CPF/16/KTS-12/D-II/7152 dated 15.05.2004 was sent by the respondent No.4 to the respondent No.2 in which it was admitted that it was a clear case of fraudulent payment of CMPF money to the SBI Madanpur Branch, Aurangabad under S.B.A/c 12050 on the recommendation of the authorities of M/s BCCL. The petitioner again made his last representation dated 10.11.2008 to the authorities of M/s B.C.C.L. and CMPF for the payment of his accumulated C.M.P.F. amount through courier service dated 10.11.2008 itself. A legal notice dated 19.11.2008 was also sent to all the concerned authorities of M/s BCCL and CMPF for the payment of C.M.P.F. accumulation of the petitioner. The respondent No.5 responded to the above representation dated 10.11.2008 and the legal notice dated 19.11.2008 by the letter No. CPF/16-KTS/Area (III)/PF/D-II/1746 dated 25.11.2008 in which it has been mentioned that the refund claim of the petitioner had been sent by Maheshpur Colliery vide its letter No.MC/CMPF/2002/71 dated 13.11.2002 and it has been admitted in the said letter that accordingly payment had been made by the CMPF office for a sum of Rs.2,73,661/- payable in the member's SB A/c No.12050 maintained with SBI Madanpur Branch, District-Aurangabad (Bihar).
5. It is the case of the petitioner that till now he has not been paid his C.M.P.F. accumulation amount which has been wrongly paid to the another retired Faudari Bhuia and hence this writ petition has been preferred for payment of the CMPF amounting to Rs. 2,73,331/- which has not been paid till date.
6. Learned Counsel for the petitioner Mr. Niranjan Singh submits that it is a glaring example of fraud committed on the part of the respondent-authorities as every care should have been taken before disbursing the amount of C.M.P.F. but the same has not been done by the respondents it shows the careless and lackadaisical approach of the respondent-authorities.
7. Learned Counsel further submits that though in the counter-affidavit the respondents have admitted that it was a case of mistake and they have realized their mistake but the amount has not been disbursed till date in the account of the petitioner.
8. Learned Counsel further submits that a direction should 3. be given to the respondent-authorities to immediately and forthwith refund the amount with interest to the petitioner.
9. On the other hand counter-affidavit has been filed.
10. Learned Counsel for the respondents submits that no fraud has been committed it is only by mistake the same has been shown as name of both the petitioners are same and similar.
11. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that case of the petitioner needs consideration. The respondent- authorities are directed to immediately and forthwith disburse the amount of Rs.2,73,331/- along with statutory interest in C.M.P.F. Account No.D/14/177 of the petitioner. C.M.P.F. amount is lying with the respondent-authorities and they have disbursed the same to another person then it is the responsibility of the respondent to collect that amount and disburse the same in the account of the petitioner having Account No.D/14/177 with statutory interest and with penal interest of Rs.5,000/-
12. The writ petition stands allowed.
[Dr.S.N.Pathak,J.] P.K.S.