IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 705 of 2007
Ludu Devi ... ... ... ... ... Petitioner
Versus
The Regional Commissioner, CMPF & Ors. ... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr. Om Prakash Prasad
For the Respondents: Mr. Ananda Sen
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6/25.2.2009
This writ petition has been preferred for issuance of an
appropriate writ, order or direction in the nature of certiorari or any
other appropriate writ or order or direction for quashing the
enquiry report order dated 2-9-05(Annexure-6) issued by the
respondent No.1. Whereby and whereunder the claim of the
petitioner who is the wife of the deceased employee for payment of
Coal Mines Provident Fund i.e. C.M.P.F. has been rejected on the
on the ground that name of Somari Kamin I appears the nominee
and the petitioner is being illegally deprived of payment particularly
when she is shown as wife in the service sheet of the deceased,
the dispute, in the service sheet was also settled by the employer
C.C.L. in favour of the petitioner, further, the petitioner in her
capacity as the wife of the deceased was paid gratuity amount and
also got compassionate appointment in C.C.L. but the C.M./P.F. in a
most illegal way is withholding the payment of CMPF amount to the
wife of the deceased since the death of her husband in the year
1993 and are waiting for the said Somari Kamin-I who has not
preferred any claim in the last 14 years(as stated by C.C.L.) and
whose whereabouts are also not known; as also for issuance of an
appropriate writ, order or direction for immediately releasing the
C.M.P.F. amount with up to date interest to the petitioner.
There is serious dispute with regard to the claimant for
payment of Coal Mines Provident Fund. According to the petitioner
she is the actual claimant because she was given benefit of
compassionate appointment by C.C.L.
However, the counsel for the respondent no.1 i.e. Regional
Commissioner, CMPF submits that the petitioner is not the first wife
of the deceased employee even in the form filled-up by the
deceased employee his first wife namely Somari Kamin was
nominated and she was the actual first wife. Even this court had
referred the matter for enquiry and upon enquiry the present
2.
petitioner namely Smt. Ludu Devi admitted that she is the second
wife of the deceased employee and the first wife is Somari Kamin.
Be that as it may, the counsel for the respondent no.1 fairly
submits that after production of succession certificate, the dues
with regard to C.M.P.F. will be considered in accordance with law.
Considering the aforesaid facts and circumstances of the
case, it will be in the interest of justice that after production of
succession certificate by the petitioner, the respondent no.1 will
take a decision with regard to payment of balance statutory dues in
accordance with law and communicate to the petitioner.
This writ petition is accordingly disposed of.
(Ajit Kumar Sinha, J)
Sudhir/