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7. Mr. Abhijeet Kr. Singh, learned counsel for the petitioner, at the outset, has drawn the attention of the Court towards the proceeding of Lok Adalat, wherein, at the time of coming to settlement, the plea was taken by the CCL that the issue of date of birth is lying pending for consideration before the Division Bench of this Court in L.P.A. No.109 of 2020 and as such, the issue cannot be settled.

8. However, so far as the amount of CMPF is concerned, it has been recorded in the aforesaid order passed by the Lok Adalat that the CMPF authority has already made payment of the amount pertaining to provident fund and pension admissible, as per the Coal Mines Provident Fund Act, 1948.

14. Mr. Prashant Vidyarthy, learned counsel appearing for the respondent-CMPF has submitted by not disputing the aforesaid claim to be paid from the CMPF head along with the pensionery benefit by treating the date of retirement of the petitioner as 30.06.2008.

15. This Court has heard the learned counsel for the parties, gone across the pleading of the respective parties as available on record and on appreciation of rival submissions made on behalf of the parties, is now proceeding to examine first by dealing with the preliminary objection regarding the maintainability of the writ petition on the ground of availability of alternative remedy, as available under Section 29 of the Industrial Disputes Act, 1947.

30. Accordingly, this Court is of the view that the present writ petition is fit to be allowed.

31. In the result, the instant petition is allowed.

32. In consequence thereof, the respondent-CCL is directed to release the post-retiral benefits along with the other admissible dues treating the date of retirement of the petitioner as 30.06.2008.

33. The similar direction is also upon the CMPF authority to make payment of the CMPF amount treating the date of retirement of the writ petitioner as 30.06.2008.

34. It has been submitted by the learned counsel for the respondent-CMPF that the details regarding the claim of the writ petitioner, are to be forwarded by the CCL.

35. Mr. Mukesh Bihari Lal, learned counsel for the respondent-CCL has submitted that the required documents after completion of the necessary formalities regarding the claim of the writ petitioner, will be sent to the CMPF authority.

36. Considering the aforesaid submission, the following directions are being passed:-