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2012 DIGILAW 713 (JHR)

Vishal Uraon v. Central Coalfield Limited

2012-05-07

APARESH KUMAR SINGH

body2012
Order 1. Heard learned counsel for the petitioner as well as learned counsel for the respondents. 2. Petitioner has been filed this writ petition for issuance of direction upon the respondents for the payment of death-cum-retiral benefits with interest and also for compassionate appointment on account of death of petitioner's mother. 3. It is submitted by the counsel appearing on behalf of the petitioner that petitioner's mother died in harness on 06.01.1993 while working as P.R. Loader at Central Saunda Colliery under C.C.L. It is further submitted that petitioner has also made a prayer for grant of compassionate appointment on account of death of her mother. 4. Respondents have appeared and filed their counter affidavit in which the details of the payments made to the petitioner and his brothers have been given, but at the same time, they have categorically denied the claim for compassionate appointment on the ground that at the time of death of the petitioner's mother, there was no provision for keeping a minor on live roster in the aforesaid NCW-4, which was in effect during relevant period of time. Further, it has been stated that none of her family members, including this petitioner, either applied for compassionate appointment or for payment of death-cum-retiral dues, despite request was made vide letter dated 02.06.1993. 5. The respondents have given the details of payments in paragraph-20 of the counter affidavit, which have already been paid to her legal heirs including the present petitioner in equal proportion, which is as under:- Sl. No. Name of legal heirs Relation with deceased Amount 1. Bishal Oraon Son Rs. 6666.67 2. Bhagat Oraon Son Rs. 6666.67 3. Tapan Oraon Son Rs. 6666.67 6. It has further been stated in paragraph-21 of the counter affidavit that the gratuity has been prepared and issued vide cheque dated 22.04.2010, but the same has not been received by the petitioner and his brothers, therefore, under Payment of Gratuity Act, 1972 the Form-L have been issued to the petitioner and his brothers vide no. 224 dated 04.06.2010, which is marked as Annexure-K to the counter-affidavit. 224 dated 04.06.2010, which is marked as Annexure-K to the counter-affidavit. For the payment of Coal Mines Provident Fund, the petitioner and his brothers have been advised to apply by a letter dated 10.03.2000 and it is submitted that the claim would be processed on examination and satisfaction of genuinity of the claimant as also their entitlement under the relevant rules, regulations, norms, provisions and different directives. It has also been stated relating to the Group Insurance that no any such scheme was prevalent at the relevant period of time, when petitioner's mother had died. 7. Petitioner has filed rejoinder inter alia relying upon the provision of NCW stating therein that if the dependent of deceased is minor, his name shall be kept on live roster and on attaining the age of majority the dependent shall be provided employment. However, the said provision was introduced in NCW-5 brought in effect in the year 1996 only, but petitioner's mother died in year 1993 itself and the same is not applicable to the petitioner's case. 8. In the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file a representation alongwith a copy of this order before the respondent no. 3, the General Manager, Saunda'o' Barka Sayal Area, Ramgarh, Jharkhand containing all necessary details and supporting documents regarding the claim of gratuity and CMPF amount as indicated in the counter affidavit filed on behalf of the respondents within a period of two weeks. In case, such representation is filed before the respondent no. 3, the General Manager, Saunda'D' Barka Sayal Area, Ramgarh, Jharkhand, he would consider the same in accordance with law. 9. In case, such claim is found genuine and they are entitled to any of the dues legally admissible to them, the same should be paid within eight weeks thereafter . 10. With the aforesaid observations and directions, this writ petition stands disposed of.