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2013 DIGILAW 1247 (JHR)

Jawahar v. Central Coalfields Ltd.

2013-11-19

SHREE CHANDRASHEKHAR

body2013
ORDER 1. By the Court – A counter-affidavit has been filed stating as under:- "6. The petitioner Sri Jawahar designated as Wagon Loader was an employee of the respondent CCL at Saunda 'D' under Barka-Sayal Area. 7. That petitioner retired under VRS on 15.9.1998. 8. That upon retirement petitioner has been paid the retiral dues like VRS amount. Gratuity and CMPF on that time. 9. That so far as the petitioners claim of difference of gratuity amount arising out of wage fixation under NCWA VI, it is stated that his service file is presently not traceable and for which a sincere efforts to locate the same are being made. Alternatively, management is trying to prepare the bill on the basis of other records. It is likely to be settled soon. 10. That so far as the petitioners claim of arrear amount arising out of wage fixation under NCWA VI, the same amounting to Rs. 2366.54 was ready for payment by a cheque No. 951315 dated 30.3.2002 which on account of non-receipt by the petitioner went invalid. However recently on 6.6.2013 the management has processed the matter for fresh issue of the cheque which petitioner is at liberty to collect on visiting the Project Office on any working day after issue of the fresh cheque. 11. That so far as the petitioner's claim of arrear of CMPF arising out of wage fixation under NCWA VI, the petitioner has not yet applied for the same in the prescribed application form along with the requisite documents and in that regard petitioner has been issued a letter dated 4.7.2013. 12. That as regard settlement or Pension, petitioner has not submitted any claim earlier. However, on 1.7.2013, he submitted Form P. S-3, P. S-4 along with Pension claim settlement in Form P. S-6 under CMPS Scheme, 1998. 13. That on receipt of the above claim, the management at the unit level forwarded the form P. S-3 and P. S-4 to the CMPF office for authentication by a letter dated 6.7.2013. 14. That however on scrutiny of form P. S-6 it was found that petitioner's name in the Bank Pass Book appears as 'Jawahar Lal' which varies from his name i.e. 'Jawahar' and for which petitioner has been issued a letter dated 3.7.2013 to resubmit the Bank Pass Book after correction of name. The letter has been received by the petitioner on 3.7.2013 itself." 2. The letter has been received by the petitioner on 3.7.2013 itself." 2. In view of the aforesaid it appears that the grievance of the petitioner has been redressed. The learned counsel appealing for the petitioner has submitted that the petitioner has to come from a place in the State of Chattisgarh and therefore, it is difficult for him to visit the office of the respondents time and again. I hereby direct respondent No. 5 to intimate the petitioner the date on which he should be present in his office for collecting the cheque. 3. A copy of such communication should be addressed to the counsel appearing for the petitioner in the present proceeding also. It is made clear that, if any other grievance which has not been agitated in the present proceeding remains pending, the petitioner would be at liberty to approach the concerned authority. 4. In view of the aforesaid the present writ petition is disposed of. Petition disposed of.