- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner, who is a widow of deceased employee, is seeking payment of group insurance claim on the death of her husband which is covered under the Memorandum of Understanding entered into between the employer, Central Coalfield Ltd. and the respondent no. 10, Oriental Insurance Company Ltd. The husband of the petitioner was admittedly subscriber to the said policy under MoU and the admissible contribution was being deducted from his salary without dispute by the respondents employer. The death of the employee occurred on 28th June, 2004 as it also appears from the averments made in the writ petition and not disputed by the respondents in their counter affidavit. The claim was sent by the petitioner before the Project Officer, Bhurkunda under the respondentsCCL on 10th September, 2004 i.e. within 90 days period stipulated under the terms and conditions of the MoU for processing the claim by the Insurance Company. The respondents employer in their statements made in paragraph nos. 13 and 14 of their counter affidavit have also accepted this fact. But at the same time, it has been stated that the claim, in turn, was intimated to the Senior Branch Manager of the Insurance Company vide letter dated 28th November, 2006 beyond two years of making of such claim by the petitioner before the respondents employer. In such circumstances, the Insurance Company has rejected the claim vide letter dated 27th September, 2007. The letter of communication by the respondentsCCL of such rejection contained at Annexure8 dated 9.10.2007 and 7.1.2008 respectively are also under challenge in the main writ application.
(3.) LEARNED counsel for the petitioner submits that the case of the petitioner is covered by earlier judgment rendered by this Court in the case of Abulash DeviVs. C.C.L. and others vide judgment dated 24th June, 2004 in W.P.(S) No. 2517 of 2008, which has also been taken note in the judgment rendered subsequently in the case of Shabbir HussainVs. C.C.L. & Ors. vide judgment dated 19th June, 2012 in W.P. (S) No. 5950 of 2002. The said judgment is also brought on record as AnnexureA to the reply of I.A.;