Sushila Devi vs Central Coal Fields Limited and others..

Aparesh Kumar Singh

Heard learned counsel for the petitioner as well as learned counsels for the C.C.L. & C.M.P.F. This writ petition has been preferred for an appropriate direction upon the respondents to consider and make payment of C.M.P.F amount of the petitioner with appropriate cost and interest, as husband of the petitioner died in harness on 30th December, 2001 while in the service of the respondents-C.C.L.

It is the case of the petitioner that she is legally wedded wife of late Shanti Singh, who while working as a driver in the services of the CC.L. died on 30th December, 2001 in harness. It is further stated that in the L.T.C. document dated 6th December, 1995, the detail of entire family has been given including the petitioner and there is no reference of any Chameli Devi as such. The petitioner has also stated in paragraph 9 of the writ petition that the gratuity amount due on the death of her husband has also been paid to the petitioner vide order dated 16th January, 2009 by the Assistant Labour Commissioner (Central), Hazaribagh in case No. 36(45)/2007. She also submits that in other service record of the employer of C.C.L. the name of the petitioner appears as the wife deceased employee.

In the aforesaid facts and circumstances, she has been aggrieved to move this Court as C.M.P.F. amount of her husband, is not being released by the concerned authority.

A counter affidavit has been filed on behalf of C.M.P.F. wherein it has been stated that in the statutory declaration made in Form-A one Smt. Chameli Devi had been named by the deceased employee late Shanti Singh for entitlement in the C.M.P.F. amount. They also say that any claim application of the present petitioner on account of her late husband, Shanti Singh, has not been forwarded to the C.M.P.F. by the respondents-C.C.L.

In view of the aforesaid facts, it would be appropriate that the petitioner may first approach the authority concerned by making fresh application before her employer-C.C.L., specifically to the respondent no. 3, General Manager, ( P&R), Central Coalfields Limited, Darbhanga House, Ranchi. Hence, the petitioner is granted liberty to make the aforesaid representation within a period of three weeks, containing all necessary facts and documents in support of her claim for payment of C.M.P.F. amount on account of death of late Shanti Singh claiming herself to be his legally wedded wife.

Learned counsel for the petitioner has relied upon a judgment of this court, delivered on 20.05.2009 in the case of Most. Manjari Kamin-Vs.-The Central Coal Fields Ltd. Ranchi & others passed in W.P. (S) No. 3649 of 2008. According to the petitioner under similar circumstances, this court had granted relief to the said petitioner although she was not recorded as a nominee in the statutory Form-A under the C.M.P.F. The petitioner shall also enclose a copy of the order/judgment of this Court as referred hereinabove before the concerned respondent no. 3 as well as C.M.P.F. authority along with her representation.

In case, such a representation is preferred before the respondent no. 3, he shall consider the same, in accordance with law, and pass a reasoned and speaking order within a period of six weeks, which should be communicated to the petitioner as well. In case, the claim of the petitioner is found to be genuine and correct, the relevant application of the petitioner should be forwarded to the office of C.M.P.F., who shall processes the same, in accordance with law, within a period of six weeks thereafter and if the payments are legally due to the petitioner on that account, the same should also be paid within the aforesaid period. With the aforesaid observations/directions, this writ petition stands disposed of.