High CourtsSingle Bench(2005) 02 JH CK 0069

Elwari Kamin @ Elwari Devi vs Central Coalfields Ltd. and Others

Jharkhand High Court · Decided on 16 February 2005 · Citation: (2005) 2 JCR 326a

HON’BLE JUDGES
S.J. Mukhopadhaya, Acting C.J.
CASE NUMBER
Writ Petition (S) No. 583 of 2005

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Judgment

5 paragraphs · 258 words

S.J. Mukhopadhaya, A.C.J.

1.

According to petitioner, her husband, late Maina Munda was in the services of M/s. Central Coalfields Ltd. (hereinafter it shall be referred to as ''C.C.L.'' for short) and died in harness on 19.6.2000. Her grievance is that the respondents have not paid C.M.P.F. amount though she represented before the authorities.

2.

In the facts and circumstances, as the matter requires determination by the respondents at first instance, the case is remitted with direction to the 4th respondent. Personnel Manager, Central Coalfields Ltd., Jharkhand Colliery, Charhi Area, Hazaribagh to forward the relevant documents to the Regional Commissioner, C.M.P.F., Region No. II, Ranchi within one month from the date of receipt/production of a copy of this order, if it has not yet been forwarded. The Regional Commissioner, C.M.P.F., Region No. II, Ranchi, in his turn, is directed to decide the claim of the petitioner and pass appropriate order. If any amount is found payable to the widow of late Maina Munda, the respondents will pay it within a period of three months from the date of receipt/production of a copy of this order falling which they will be liable to pay additional interest at the rate of 5 per cent from the date of death of the employee. On the other hand, if one or other authority disputes the claim will communicate the grounds to the petitioner.

3.

It may be mentioned that this Court has not decided the claim of the petitioner on merit.

4.

This writ petition stands disposed of with the aforesaid observations/directions.