IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 492 of 2009
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Smt. Ramayan Devi ... Petitioner
-V e r s u s-
Central Coal Fields Ltd. and Others .... Respondents
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
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For the Petitioner : - Mr. Om Prakash Prasad, Advocate.
For the Respondent Nos. 1 to 3 : - Mr. Ananda Sen, Advocate.
For the Respondent No. 4 : - Mr. Deepak Roshan, Advocate
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2 / 04.03.2009
Claim in this writ application, as made by the petitioner, is for a direction
upon the respondents to consider the petitioner’s claim for payment of C.M.P.F.
and L.C.S. amount totaling Rs. 40,000/- together with interest thereon which is
payable to her in the account of her deceased husband who was an employee of
respondent C.C.L. and had died in harness on 31.12.2003.
2. Heard learned counsel for the petitioner and learned counsel for the
respondents.
3. Learned counsel for the petitioner invites attention to Annexure-6 which is
a Revised Form-M of the Coal Mines Provident Fund containing the name of the
petitioner as the wife of the employee and a declaration therein that the petitioner
is the nominee of the employee entitled to receive 100% share of the funds to be
paid in the account of the employee.
Learned counsel also refers to Annexure-7 which is a Life Cover Scheme
which has been introduced by the respondent company by way of social security
to the employees.
4. Learned counsel for the respondent No. 4 submits that as and when the
relevant documents are processed and forwarded by the employer, appropriate
order for payment would be made by the Respondent No. 4.
5. In the light of the facts and circumstances of the case, the petitioner shall
file a fresh representation along with a copy of this order before the concerned
authorities of the respondent employer and within eight weeks from the date of
receipt of the representation, the employer shall take a decision regarding the
petitioner’s claim for payment of the amount as made in the instant writ
application and shall effectively communicate such decision to the petitioner. If
the petitioner is found entitled to the payment of amount claimed, then the
respondent employer shall process all the requisite documents in this regard and
forward the same to the Respondent No. 4 for enabling the Respondent No. 4 to
process the same and to sanction the amounts for payment to the petitioner. Such
action shall be taken within the aforesaid stipulated period.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the respondent
C.C.L. and C.M.P.F.
(D.G.R. Patnaik, J.)
Birendra/