ORDER
S.J. Mukhopadhyaya, J.
1. One Smt. Sibia Kamin was a casual wagon loader in the Phulwari land Colliery of BCCL, Dhan-bad. She was made permanent on 1st January, 1989 and subsequently applied for voluntary retirement and granted on 13th August, 1990. After her retirement, the gratuity amount was not paid, nor deposited with the controlling authority under the Payments of Gratuity Act, 1972. Even after her death, it was not paid in favour of the nominee, who also died on 14th May, 1993.
2. The petitioners, who are the heirs of deceased-employee, moved this Court for payment of Provident Fund; Gratuity; Leave Encashment and Group Insurance amount.
3. From the records enclosed with the affidavit, it appears that the details relating to payment of Provident Fund amount has been forwarded to the Assistant Commissioner (I), CMPF, Zone-II, Dhanbad, vide letter No. 807/94, dated 25th August, 1994. It is stated that the said Officer is now liable to pay the Provident Fund in favour of the nominee/heirs.
4. So far as Gratuity is concerned, it has been calculated recently and vide cheque, dated 2nd February, 2001, the principal amount of Rs. 17,429/- has been forwarded to the controlling authority.
5. According to the counsel for the respondents, there is no provision for payment of leave encashment in terms of Mines Act, 1952, nor the Family Pension.
6. Mr. D.S. Rajpoot, the Project Officer, Phulwari Tand Colliery, BCCL, Dhanbad was asked to remain present in the Court to explain as to why the payment has not been made in time and as
to whether a cost, as also interest be not inflicted on the respondents.
7. The Officer, who is present today in Court, states that he has joined the post of Project Officer on 20th November, 1998 and had no knowledge relating to non-payment of Gratuity, till he was intimated by the counsel for the respondents in the present case.
8. Having regard to the facts and circumstances, in the interest of justice, this Court passes the following orders :
9. The respondents i.e., the BCCL authorities are directed to pay 10% interest on admitted Gratuity to be calculated from the date of retirement till the amount has been deposited in the account of the controlling authority.
10. This apart, they will pay a cost of Rs. 5,000/- (Rs. five thousand) to be deposited with the controlling authority for payment in favour of the nominee/ heirs.
11. Both the amounts to be deposited within fifteen days from the date of receipt/ production of a copy of this order.
12. The Assistant Commissioner concerned and the controlling authority under the payments of Gratuity Act, 1972 with whom Provident Fund and Gratuity are tying, are directed to pay the benefits, as lying with them, with interest and cost, as ordered above to the nominee of the deceased employee, if shown in their record.
13. In case, no nominee is available, the heirs will file a joint representation with affidavit for payment in favour of one of the heirs with no objection of others. The amount to be paid within two months from the date of receipt/production of a copy of this order or the undertaking with affidavit, as may be submitted, whichever is later.
14. If, there is any dispute relating to quantum of gratuity in the-matter of calculation, the petitioners may bring the same to the notice of the competent authority.
The appearance of Mr. D.S. Rajpoot
is dispensed with.
The writ petition stands disposed
of with the aforesaid observations and
directions.
15. Petition disposed of.