S.J.MUKHOPADHAYA, J. - (1.) THE petitioner was in the services of Bharat Coking Coal Ltd. (hereinafter to be referred as BCCL), As per Voluntary Retirement Scheme (V.R.S.), he obtained and has allowed voluntary retirement vide letter dated 4th December, 2002. The Provident Fund amounts not having been paid with statutory interest, the present writ petition has been preferred.
(2.) LEARNED counsel appearing on behalf of the BCCL submitted that the authorities have forwarded all the records and other documents, relating to the claim of the petitioner, to the Regional Commissioner, Coal Mines Provident Fund, Region -D -H, Dhanbad, -which is the Competent authority to pay the Provident Fund amount. Learned counsel appearing on behalf of the Regional Commissioner. Coal Mines Provident Fund, Region -D -II, Dhanbad, raised certain disputes, regarding identity of the petitioner and submitted that in place of his .elder brother the petitioner impersonated and got the job and another lady has claimed the amount but such submission cannot be accepted. Once the employer being satisfied has forwarded the details of the employee to the Regional Commissioner, Coal Mines Provident Fund, Region -D -II, Dhanbad for payment of Provident Fund amount to the employee, the Regional Commissioner cannot refuse to pay the amount on the basis of an application of a lady nor can raise the dispute regarding legality of appointment after the retirement.
(3.) THE Regional Commissioner, Coal Mines Provident Fund, Region -D -II, Dhanbad is, accordingly, directed to pay the employee total Provident Fund amount with up -to -date statutory interest by 31st January, 2006, failing which the authority will pay a cost of Rs. 25.000/ - to the petitioner from his won pocket.;