Research › Search › Judgment

Jharkhand High Court · body

2002 DIGILAW 1246 (JHR)

Budhan Mahto v. Central Coal Fields Ltd.

2002-12-12

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The writ petition has been preferred by petitioner for commanding the respondents to convey the petitioner his proper C.M.P.F. amount in his credit. 2. In the counter affidavit, the Regional Provident Fund Commissioner, C.M.P.F., R-II while stated that the provident fund subscription accumulated for the year ending March, 1976 i.e. Aprl, 1975 to March, 1976 was deposited vide V.V Sl. No. 728 and 103 by Kedla North Colliery in March, 1976 and March, 1977 respectively. No parentage of Budhan Mahto is shown therein. The concerned management of Kedla North Colliery did not submit requisite form H.H for allotment of C.M.P.F. account no. as required in para 39 of the scheme. The provident fund contribution accumulated for the year ending March, 1977 was kept in Suspense Account as it was deposited without any parentage or account no. 3. It is also stated that one Budhan Mahto s/o Fagu Mahto having C.M.P.F. account No. R/44-2259 was also on roll of the management since 1974 till his death in the year 2000. 4. It appears that in the year 1995 employer and employee contribution for the period April, 1994-March, 1995 was deposited in the name of Budhan Mahto, s/o Uday Mahto without specifying any C.M.P.F. account no. Form H.H having submitted later on account No. R.M.G./10-3289 has been given and same has been updated upto March, 2001 with a total accumulation of Rs. 84,949.00 with admissible interest. It appears that the amount for certain period has not been deposited by the management in the account of petitioner. 5. Mr. T. Kumar, Chief G.M., Hazaribagh Area of M/s. C.C.L. who is present in the Court submitted that the matter will be looked into the C.M.P.F. amount will be updated. 6. In the facts and circumstances, the respondents authorities of M/s. C.C.L. are directed to take up the matter with the Regional Coal Mines Provident Fund Commissioner, R-II, Ranchi and deposit the amount if required to be deposited with statutory and penal interest (if payable) in the provident fund account of petitioner within two months. 7. The Regional Coal Mines Provident Fund Commissioner, R-II Ranchi will communicate the petitioner, the updated total amount of his account and the account no. within a period of three months. 8. The Chief G.M., Hazaribagh Area of M/s. C.C.L. is directed to ensure compliance. 9. 7. The Regional Coal Mines Provident Fund Commissioner, R-II Ranchi will communicate the petitioner, the updated total amount of his account and the account no. within a period of three months. 8. The Chief G.M., Hazaribagh Area of M/s. C.C.L. is directed to ensure compliance. 9. The writ petition stands disposed of with aforesaid observation and direction.