IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 5165 of 2007
...
Nanku Mandal @ Nankoo Mandal ... Petitioner
-V e r s u s-
1. Bharat Coking Coal Ltd.
2. Director of Personnel of M/s. B.C.C.L.
3. Chief Personnel Manager of M/s. B.C.C.L.
4. General Manager, E.J. Area of M/s. B.C.C.L.
5. Personnel Manager, E.J.Area of M/s. B.C.C.L.
6. Project Officer, Bhowra(s) Colliery of M/s. B.C.C.L.
7. Senior Personnel Officer, Bhowra(S) Colliery of M/s. B.C.C.L.
8. Commissioner, C.M.P.F., Dhanbad
9. Regional Commissioner, C.M.P.F., Dhanbad
10. Assistant Commissioner, C.M.P.F., Dhanbad ... Respondents
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - Mr. Ajay Kumar Singh, Advocate
For the Respondent B.C.C.L. : - Mr. Anoop Kumar Mehta, Advocate
For the Respondent C.M.P.F. : - M/s. Deepak Roshan, Ratnesh Kumar
& Amit Kumar Sinha, Advocates.
...
3 / 28.08.2009
Heard l earned counsel for the petitioner and learned counsel for
the respondents.
2. Petitioner in this writ application has prayed for a direction upon
the respondents to fix and pay him his pension from 30.03.2006 i.e. the
date on which he had obtained his voluntary retirement from the
respondent employer and further, to pay him the L.T.C./L.L.T.C. for the
period specified in the writ application besides payment of the dues
arising out of the wage revision under N.C.W.A.-VI to VII together with
interest on the delayed payments.
3. Learned counsel for the respondent B.C.C.L. submits at the outset
that the payment of wages on the basis of the revised pay scales pursuant
to the N.C.W.A.-VI to VII has been paid to the petitioner and no further
amount on this account survives to be paid to the petitioner.
As regards the claim for L.T.C. for the period mentioned in the writ
application, the same was considered and except the payment relating to
one period i.e. from 23.12.1995 to 31.12.1995, the payment for the
remaining periods mentioned in the writ application has already been
released and paid to the petitioner. The payment for the period which has
not been made, is under the process of verification and shall be paid to the
petitioner soon.
As regards the claim for fixation of pension and payment of
pension, learned counsel for the respondent employer submits that as it
would appear from the counter affidavit of the respondent C.M.P.F., the
petitioner was not a member of the pension scheme of 1971 and as such,
he was required to submit his option for the pension scheme floated in
1998. The petitioner, having not submitted his option, cannot possibly
claim any benefit of pension. Learned counsel informs that as per the
subsequent notification issued by the Central Government, the date has
been extended till 2010 for enabling the employees to submit their option
and if the petitioner exercises his option, the same shall be considered
subject to the Rules stipulated under the Pension Scheme.
4. The counter affidavit of the respondent C.M.P.F. also affirms that
the petitioner was not a member of the 1971 Pension Scheme.
5. In the light of the aforesaid submissions, while disposing of the
writ application, the respondent employer is directed hereby to decide
upon the petitioner’s demand for payment of the L.T.C. benefit which has
remained unpaid for the period 23.12.1995 to 31.12.1995 and pay the same
to the petitioner within four weeks from the date of this order.
6. Further, in view of the declaration made by the respondent
employer that the wages in accordance with the revised pay scales
pursuant to the N.C.W.A.-VI to VII have already been paid, if the
petitioner has any further grievance on this account, he may file a fresh
representation before the concerned authorities specifying in detail his
own computation of the amounts on the revised scales, which he expects,
within ten days from the date of this order and within two months from
the receipt of the representation, the respondents shall consider and take
appropriate decision on the same in accordance with law and shall
effectively communicate the decision to the petitioner. As regards the
petitioner’s claim for pension, since he has still time to submit his option
in the prescribed proforma, he is at liberty to pursue his claim accordingly
after submitting his option for the 1998 Pension Scheme and thereafter his
claim shall be considered in accordance with the Rules and Stipulations
contained under the Pension Scheme of 1998.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the counsel for the respondents.
(D.G.R. Patnaik, J.)
Birendra/