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2016 DIGILAW 45 (CAL)

Rameshwar Prasad v. Coal India Limited

2016-01-15

SANJIB BANERJEE

body2016
JUDGMENT : C.A.N. 4816 of 2015 is a formal application for substitution consequent upon the death of the original petitioner. The original petitioner died on February 15, 2011. The particulars of his heirs have been furnished at paragraph 1 of the application. It appears that a previous substitution application was filed but the same may have been misplaced in the registry. By way of abundant caution, the delay in applying for substitution is condoned and the abatement, if any, is set aside to allow C.A.N. 4816 of 2015 by requiring the heirs of the original petitioner to be substituted in place and stead of the original petitioner. The appropriate amendment be carried out by Advocate for the petitioner in the presence of an officer of court and copies of the amended petition should be served on the respondents. The amendment should be carried out in course of today. C.A.N. 4816 of 2015 is allowed as above, but without any order as to costs. Since the effective respondent is Bharat Cooking Coal Limited and such respondent is represented, the petition is taken up for immediate consideration. The primary relief sought in the petition is for a consideration of the original petitioner’s representation regarding his retiral dues and for a detailed reply to be furnished by the employer as to the dues under the several heads at the time of the retirement of such employee. W.P. 9188 (W) of 2009 isallowed by directing the respondent no.4 to furnish all particulars as to the amounts due under various heads to the original petitioner at the time of retirement of the original petitioner together with particulars of payments of such dues, if they have already been made. In the event any money due to the original petitioner at the time of his death has not yet been paid, the substituted petitioners will be entitled to receive of such payment jointly together with interest thereon at the rate of 5% per annum from a month following the month in which the original petitioner retired from service. It will be for the substituted petitioners, in such event, to indicate whether the cheque for the relevant amount would be made over in the name of one or more of the substituted petitioners. There will be no order as to costs. It will be for the substituted petitioners, in such event, to indicate whether the cheque for the relevant amount would be made over in the name of one or more of the substituted petitioners. There will be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.