IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 4184 of 2007
...
Bulaki Mahto ... ... Petitioner
-V e r s u s-
1. M/s. Central Coalfield Ltd., through its Chairman cum Managing
Director, Ranchi
2. The General manager, C.C.L., Hazaribagh
3. The Personal Manager, C.C.L., Hazaribagh
4. The Commissioner, C.M.P.F., Dhanbad
5. The Regional Commissioner, Coal Mines Provident Fund Region II,
Ranchi ... Respondents.
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - Mr. Sanjay Prasad, Advocate.
For the Respondent-C.M.P.F. : - Mr. Deepak Roshan, Advocate.
For the Respondent-C.C.L. : - Mr. Amit Kumar Sinha, Advocate.
...
6/11.08.2009
Pursuant to the order dated-31.07.2009, the Regional
Commissioner, Coal Mines Provident Fund Region II, Ranchi (Respondent No. 5)
is physically present in Court today and counter affidavit has also been filed on
his behalf.
2. Heard the parties.
3. Petitioner in this writ application has prayed for a direction upon
the Respondent-C.C.L. to count the petitioner’s services since 01.02.1968 to
31.07.1973 for computing as qualifying service period for the purpose of payment
of gratuity and also for a direction to pay him his Gratuity accordingly. A further
prayer has also been made for a direction upon the Respondents to pay the arrears
of pension as well as the current pension alongwith the statutory interest, on the
basis of the fact that petitioner’s date of superannuation is 31.10.2004 but pension
is not being paid to him.
4. Counter affidavit has been filed on behalf of the Respondent-
C.C.L.
5. It is explained in the counter affidavit of the Respondent-employer
that the petitioner is found eligible to the benefits of the C.M.P.F. Scheme for
payment of pension and Gratuity and accordingly, contributions used to be made
and together with the employer’s total contributions, the deposited amounts were
forwarded to the office of the C.M.P.F. alongwith the covering letter (Annexure-
4) way back in the year 2002. The petitioner, having retired, the Respondent-
C.M.P.F. had refunded the entire deposited amounts and upon such refund, the
same was paid to the petitioner which he had accepted without any protest.
6. Learned counsel for the Respondent-C.M.P.F. explains that it
appears from Annexure-4, which has been filed by the petitioner alongwith this
writ application and from the submissions made by the learned counsel for the
Respondent-employer, that the P.S. 1 Form purportedly submitted by the
petitioner alongwith similar forms of other employees, was forwarded to the
Respondent-C.M.P.F. alongwith covering letter (Annexure-4) way back in 2002
but it appears that the P.S1 Form of the petitioner was not available in the office
of the Respondent-C.M.P.F. and as such, presuming that such P.S. 1 Form was
not submitted by the petitioner, the total amount forwarded by the employer, was
refunded and the same was thereafter paid to the petitioner. Learned counsel adds
further that since as per the employer’s version, the petitioner opted for the
C.M.P.F. Scheme and deductions from his salary towards contributions was
made, the benefits can be restored to the petitioner, subject to the condition that
petitioner should deposit the amount, which she had received together with the
amount of interest, which is payable by him from the date when he had received
the amount till the date of final deposit and thereafter, the Respondent-C.M.P.F.
shall take necessary steps for assessing the pension payable to the petitioner and
for release of such payments to him.
7. Considering the aforesaid submissions and the facts and
circumstances of the case, the Respondent-C.M.P.F. is directed to make a re-
assessment of the specific amount to be deposited by the petitioner including
interest at reasonable rate as per Rules and shall notify such amount to the
petitioner effectively and within one month from the date of intimation , the
petitioner shall deposit the notified amount to the appropriate authorities of the
Respondents. In the meanwhile, the Respondent-C.C.L. shall supply a copy of the
P.S. 1 Form to the petitioner, which may be available in the office records, to the
concerned authorities of the C.M.P.F. The C.M.P.F. authorities within one month
from the date of deposit of the amount by the petitioner, shall ensure that the
pension amounts, including arrears alongwith statutory interest accrued upon the
arrears, is released and paid to the petitioner without any further delay.
8. As far as the petitioner’s claim for payment of Gratuity, since the
claim does not appear to have been specifically denied, the Respondent-employer
shall ensure that the arrears of amounts towards Gratuity, if any, from 1968 to
1973 is assessed and paid to the petitioner together with statutory interest within
one month from the date of this order.
9. With these observations, this writ application stands disposed of.
10. Let a copy of this order be given to the learned counsels for the
Respondents-C.C.L. and the C.M.P.F.
11. The personal appearance of the Regional Commissioner, Coal
Mines Provident Fund Region II, Ranchi (Respondent No. 5) is dispensed with.
(D.G.R. Patnaik, J.)
APK