Prem Ballabh Narayan Singh & Anr. v. The Regional Commissioner (R-II), Coal Mines Provident Fund, Ranchi & Ors.

Mr. Prashant Vidyarthi, Advocate M/s. Ananda Sen & L.C.N. Shahdeo, Advocates P R E S E N T HON’BLE MR. JUSTICE NARENDRA NATH TIWARI ------ BY COURT: The petitioners are sons and legal heirs of the original writ petitioner-Sheo Ballabh Narayan Singh, who had prayed for a direction on the respondents to grant pensionary benefits from the date of his absorption in the services of Central Coalfields Ltd. The said original petitioner died during pendency of the writ petition.

It has been submitted that the petitioners' father had earlier joined the services of Coal Mines Labour Welfare Organisation as Cinema Operator. The said Organisation was under the control of the Central Government. The said Organisation was merged in Coal India Limited with effect from 1st October, 1986. Thus, on that date, the petitioners' father was treated as retired from Central Government's service under Rule 37 of the CCS (Pension) Rules, 1972. The petitioners' father was getting pension under the said Rule with effect from 1st October, 1986 for the period he rendered his service as the employee of the Coal Mines Labour Welfare Organisation. The petitioners' father, however, has not been given pensionary benefits by the Central Coalfields Ltd. on the ground that he was enrolled as the member of Coal Mines Provident Fund and he retired from service on 16th December, 1997 before completing the pensionable service of ten years. It has been submitted that in terms of the agreement of option there was a clear provision of 2 treating the employee as member of the Coal Mines Provident Fund from the date of absorption. In that view, the petitioners' father was treated as member of Coal Mines Provident Fund with effect from 1st October, 1986 i.e. from the date of his absorption. The employer had to deduct contribution. If the same was not deducted, it was their fault and not fault on the part of the petitioners' father. The respondents cannot fix arbitrary date of 1993 for counting the period as member of Coal Mines Provident Fund from that date. The respondents have denied the due pensionary benefits payable to the petitioners' father arbitrarily and without taking into consideration the said terms of absorption and the agreement between the petitioners' father and the respondents authorities. The petitioners' father was entitled to get his pensionary benefits on the basis of counting the period of employment from the date of his absorption i.e. from 1st October, 1986. The petitioners' father protested against the said arbitrary denial before the competent authority of the respondents, but the same has not been heeded upon. The petitioners' father, therefore, had preferred this writ petition for the said relief.

Mr. Ananda Sen, learned counsel, appearing on behalf of Central Coalfields Ltd., and Mr. L.C.N. Shahdeo, learned counsel, appearing on behalf of Coal Mines Provident Fund, submitted that no such representation has been received in the office of the respondents and there was no occasion to consider the petitioners' father's claim and pass any order.

It has been informed that the General Manager (Pension), Central Coalfields Ltd., Ranchi-Respondent No.2 and Regional Commissioner (R-II), Coal Mines Provident Fund, Ranchi- Respondent No.1 are competent authorities to consider the petitioners' father's claim and pass appropriate order.

In case, it is found that the original writ petitioner was entitled to get pension or any amount was due and payable to him, the same shall be paid to legal heirs of the original writ petitioner, on proper verification, within eight weeks thereafter. Jharkhand High Court Ranchi Dated 20th September, 2012 Sanjay/NAFR (Narendra Nath Tiwari, J.)