Jharkhand High Court
Baijnath Munda vs The Central Coal Fields Ltd Through Its ... on 1 December, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 2542 of 2015
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Baijnath Munda --- --- Petitioner
Versus
1. The Central Coalfields Ltd. through its
Chairman-cum-Managing Director, Ranchi
2. The Director of Personnel of CCL, Ranchi
3. The General Manager, CCL, Sayal, Ramgarh
4. The Project Officer, Central Sounda Colliery, Ramgarh
5. The Coal Mines Provident Fund Commissioner
(C), Jagjiwan Nagar, Hirapur, Dhanbad --- ---Respondents
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CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioners: - M/s Munga Lal Kr. Chitra, Adv.
For the State : - M/s Ananda Sen & Kaustav Panda, Advs.
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04/01.12.2015Heard learned counsel for the parties.
Petitioner's father died on 23.12.1997 while working as Timber Mazdoor at Central Saunda Colliery, now Ramgarh district under CCL. Petitioner's mother also died on 13.03.1998, Annexure- 2 is death certificate. His grand mother also expired on 16.07.2002. Petitioner is the sole heir reportedly of his father and was aged about 8 years at the time of death as per service excerpts of the deceased employee, which shows his date of birth 01.04.1990. Though the petitioner has raised grievances relating to compassionate appointment in the present writ petition preferred in 2015, but that claim is not sustainable as petitioner could not have been kept in live roster at the time of death of his father being even below 12 years of age in terms of NCWA in vogue. The payment of gratuity has been deposited by the employer before the controlling authority as nobody appeared to realize the said amount as is evident from the Annexure-6/1 dated 5/6.01.1999 of the General Manager (P & IR), CCL, Ranchi.
So far as CMPF and family pension claims are concerned, the respondent-CMPF in their counter affidavit have stated that PF claim of the deceased member has been returned to the Personnel Manager, Central Sounda Colliery, Ramgarh through letter dated 30.12.2014 for want of certain clarification as well as documents like genuinity certificate of claim and claimant, details of service particulars, copy of service excerpts and reasons for delay in submission of claim. It is also stated that after management re- submitted PF claim, it was found to be not from Schedule-C which is list of surviving family members as the wife of the deceased employee had also died thereafter. She was entitled for getting her share along with other surviving family members under Para-2(h) of the CMPF Scheme. Pension claim of the member also was not received.
Petitioner has persisted with his claim for death-cum-retiral benefits such as CMPF, gratuity, life cover scheme, family pension etc. of his father.
Counsel for the respondent-CCL submits that claim relating to gratuity, life cover scheme of the deceased employee is to be enquired from the records which are quite old as the petitioner has approached this Court after 18 years of death. In relation to other claim of CMPF and family pension upon appearance of the petitioner and production of relevant supporting documents, the same can be examined and if possible forwarded to the office of CMPF for its processing.
Having regard to the aforesaid facts, it is considered appropriate that writ petitioner should approach the respondent no. 4, Project Officer, Central Sounda Colliery, Ramgarh in relation to his grievances of gratuity, life cover scheme, CMPF and family pension. Respondent no. 4, Project Officer, Central Sounda Colliery, Ramgarh would examine the same after due scrutiny of relevant records of the deceased employee and identity of the petitioner/ claimant and if amount of gratuity and life cover scheme are admissible, the same be released within reasonable time preferably within a period of 12 weeks thereafter. For the other two claims, respondent no. 4, Project Officer, Central Sounda Colliery, Ramgarh would consider the same after due scrutiny of the records of the deceased employee and if claims are supported by cogent document, it may be forwarded to the office of the respondent no. 5, Coal Mines Provident Fund Commissioner (C), Jagjiwan Nagar, Hirapur, Dhanbad for its processing and for taking a final decision thereafter, within the same time.
Needless to say, if such claim is forwarded before the respondent no. 5, Coal Mines Provident Fund Commissioner (C), Jagjiwan Nagar, Hirapur, Dhanbad along with all supporting documents and it is found to be covered under relevant CMPF scheme, the same be processed and admissible amount be released thereafter within a reasonable time.
The writ petition stands disposed of accordingly.
(Aparesh Kumar Singh, J.) Kamlesh/