SUSHILA DEVI Vs. CENTRAL COAL FIELDS LIMITED

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned counsels for the C.C.L. and 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.

(2.) 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.

(3.) 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.