RAUDI SAH Vs. CENTRAL COALFIELDS LTD THROUGH ITS MANAGING DIRECT
LAWS(JHAR)-2010-2-216
HIGH COURT OF JHARKHAND
Decided on February 24,2010

Raudi Sah Appellant
VERSUS
CENTRAL COALFIELDS LTD THROUGH ITS MANAGING DIRECTOR, RANCHI; MANAGING DIRECTOR, C C L, RANCHI; DIRECTOR PERSONNEL, C C L, RANCHI; CHIEF MANAGING DIRECTOR, C C L, RANCHI; PROJECT OFFICER, SWANT COAL WASHERY, C C L, BOKARO Respondents

JUDGEMENT

- (1.) Heard the learned counsel for the parties and with their consent, this writ application is disposed of at the stage of admission.
(2.) The petitioner, in this writ application, has prayed for a direction upon the Respondents to pay him his retiral dues, which according to the petitioner, has not been paid since after the date of his retirement.
(3.) In the counter affidavit of the Respondents, it has been stated that the petitioner has already been paid a sum of Rs.3,33,380.88/- towards his Gratuity, another amount of Rs.872/- towards Bonus, difference amount of Gratuity to the extent of Rs.16,619.12/- and the difference amount of Coal Mines Provident Fund to the extent of Rs.9,996/- have already been paid to the petitioner. Besides this, the entire C.M.P.F. Amount, which was payable in the account of the petitioner, amounting to Rs.1,81,345/- has already been paid to the petitioner. As regards the petitioner's claim for payment of Pension under the Coal Mines Pension Scheme, 1998, learned counsel for the Respondents would inform that the petitioner was earlier a member of the Central Coal Mines Provident Fund Scheme. The aforesaid C.M.P.F. was merged with the Coal Mines Pension Scheme, 1998, in the month of October, 2002 and upon such amalgamation, the petitioner was advised to deposit the required amount of contribution @ 1.16 per cent and 2 per cent Pension for becoming the member of the Coal Mines Pension Scheme, 1998. The petitioner having not deposited the demanded amount, he cannot claim his entitlement for payment of Pension under the Coal Mines Pension Scheme, 1998. It is further informed that a subsequent up-to-date Demand notice has been issued to the petitioner informing that a sum of Rs. 2,32,609/- has to be deposited by him for enabling his entitlement for pension under the Coal Mines Pension Scheme of 1998.;


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