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Jharkhand High Court · body

2010 DIGILAW 187 (JHR)

Lol Bai v. Central Coalfields Limited

2010-02-02

RAMESH KUMAR MERATHIA

body2010
JUDGMENT Counsel for the petitioners submitted that the respondent be directed to release the entire Coal Mines Provident fund amount with statutory interest to the legally entitled petitioner(s) who are the surviving family members of Late Umed Ram Kurmi who died on 14.5.1994 while he was in the employment of the Central Coalfields Limited. He submitted that inspite of lapse of 15 years, such amount has not been paid to the petitioner(s). Mr. Ratnesh Kumar, learned counsel appearing for the respondent no. 7-C.M.P.F. submitted that such amount could not be paid as petitioner no. 4 was shown as son and nominee of the deceased employee, whereas now in this writ petition, it is clearly admitted that petitioner no. 4 was the brother of the deceased employee; and thus he could not be the nominee. On this, counsel for the petitioners submitted that the amount may be paid to petitioners no. 1 to 3 in equal shares and petitioner no. 4 is not claiming any amount. On enquiry it was said that the claim has not been forwarded by the C.C.L. to C.M.P.F. Accordingly, C.C.L. is directed to forward the claim to C.M.P.F. within four weeks, and within six weeks thereafter, respondent no. 5 will see that C.M.P.F. amount with statutory interest is paid to petitioners no. 1 to 3 in equal shares. With these observations and directions, this writ petition is disposed of. However, no costs.