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Jharkhand High Court

Pradip Pahan And Anr vs Ms Central Coalfields Limited Through ... on 16 February, 2017

Author: Pramath Patnaik

Bench: Pramath Patnaik

              IN THE HIGH COURT OF JHARKHAND AT RANCHI.
                           W.P. (S) No. 864 of 2015
                                         ...
              1. Pradip Pahan
              2. Sandip Pahan
                     Both sons of late Rajo Pahan, resident of village-Kulhi, P.O.
              Kuchchu P.s. Ormanjhi, District-Ranchi....                 Petitioners
                                  -V e r s u s-
              1. M/s Central Coalfields Limited through Chairman-cum-
              Managing Director having its office at Darbhanga House, P.O.
              Darbhanga House, P.s. Kotwali, District-Ranchi.
              2. Director, Personnel, CCL, At & P.O. Darbhanga House, P.s.
              Kotwali, District-Ranchi.
              3. General Manager (P&IR), CCL, At + P.O. Darbhanga House,
              P.s. Kotwali, District-Ranchi.
              4. General Manager (K), CCL, At & P.O. Kuju, P.s. Mandu,
              District-Hazaribagh, now Ramgarh.
              5. Project Officer, Kuju colliery, CCL, At & P.O. Kuju, P.s.
              Mandu, District-Hazaribagh, now Ramgarh.
              6. Manager Personnel , Kuju colliery, CCL, At Kuju, P.O. Kuju,
              P.s. Mandu, District-Hazaribagh, now Ramgarh.
              7. The Regional CMPF Commissioner-Region II, Station Road,
              P.O. and P.s. Chutia, District-Ranchi.       ...          Respondents
                                         ...               ...
CORAM: - HON'BLE MR. JUSTICE PRAMATH PATNAIK.
                                        ...
For the Petitioners              : - Mr. Nand Kishore Prasad Sinha, Advocate.
For the Respondents-CCL          : - M/s. Amit Kumar Das
                                 and Pooja Kumari, Advocates.
For the Respondents-CMPF : - Mr. Prashant Vidyarthy, Advocate.
                                        ...
07/16.02.2017

In the accompanied writ application, the petitioners have inter alia, prayed for a direction to the respondents for payment of the CMPF, Gratuity, L.C.S. amount and 1.16 + 1.16 % + 2 % as pension to the mother of the petitioners with statutory interest.

2. The facts, as disclosed in the writ application, lies in a very narrow compass. It has been averred in the writ application that the mother of the petitioners was an employee of the Respondent-CCL, working as a Track loader-Cat I in Kuju colliery and died in harness on 26.03.2004 and the father of the petitioners pre-deceased the mother of the petitioners in the year 1998. It has been further submitted that the brother and the sister of the petitioners have also died in 2000 and 2001 respectively. It has been further submitted that the petitioners are the legal heirs of the deceased-mother. It has been further submitted that despite several representations of the petitioners to the respondents, when no action has been taken by the respondents after lapse of more than 10 years, the petitioners left with no alternative remedy, have been constrained to approach this Court under Article 226 of the Constitution of India for redressal of their grievances.

3. A counter affidavit has been filed by the Respondent No. 7- CMPF, wherein, it has been submitted that the claim of the petitioners regarding payment of CMPF refund and pension claim of the deceased employee has not been submitted by the colliery management till now, as disclosed from Annexure-A to the counter affidavit.

4. Heard Mr. Nand Kishore Prasad Sinha, learned counsel for the petitioners, Ms. Pooja Kumar, learned counsel for the respondent nos. 1 to 6 as well as Mr. Prashant Vidyarthy, learned counsel for the Respondent No.7.

5. Considering the limited grievance of the petitioners and on perusal of the counter affidavit vide Annexure-A of the Respondent No. 7-CMPF, the writ application is disposed of with a direction to the Respondent Nos. 1 to 6 to forward the claim of the petitioners for payment of provident fund and pension to the respondent no. 7 i.e. The Regional CMPF Commissioner-Region II within a period of four weeks from the date of receipt/communication of the order, if not already forwarded and on receipt of the relevant records, the respondent no. 7 shall consider the claim of the petitioners in accordance with law within a period of four weeks thereafter. It is needless to mention that on perusal of the records,if the claim of the petitioners are found to be genuine and are legally entitled for payment of the CMPF pension, the same shall be paid to the petitioners within a period of eight weeks thereafter.

6. With the aforesaid direction, the writ petition stands disposed of.

(Pramath Patnaik, J.) APK