- (1.) LEARNED counsel appearing on behalf of the petitioner has submitted that deceased employee (the father of the present petitioner) who was working with Respondent No. 1, had expired on 19th December, 1997 and is entitled to the Gratuity, Provident Fund amount, life covers scheme and Family Pension.
(2.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case it appears: - I. that so far as the Gratuity amount is concerned, it is stated by the learned counsel for Respondent No. 1 that a cheque of legally payable amount towards Gratuity has already been deposited before the appropriate authority / controlling authority under the Payment of Gratuity Act, 1972, and, therefore, the petitioner may apply to the said controlling authority under the Act, 1972, so that the said amount may be paid to the petitioner upon proper identification etc. II. that so far as the Provident Fund amount is concerned, it is already paid as per the submission of learned counsel for Respondent No. 1. III. that so far as amount towards a life covers scheme is concerned, the amount will be paid, within least possible time, as necessary application has been received recently from the petitioner. IV. that so far as the family pension is concerned, the case of the present petitioner will be decided by Respondent No. 7, after giving an adequate opportunity of being heard to the petitioner or his representative upon receiving the application from him as well as after receiving refund scheme papers from Respondent No. 1 to Respondent No. 6. Respondent No. 1 shall forward necessary papers of the petitioner for family pension to Respondent No. 7, within a period of ten days, from the date of receipt of a copy of the order of this Court. V. that so far as the payment of amount towards life covers scheme is concerned, the said amount will be paid, within a period of six weeks, from the date of receipt of a copy of the order of this Court. It is vehemently submitted by learned counsel appearing on behalf of Respondent No. 1, that there is some delay in making the payment and in deciding the legally payable amount to the petitioner because of want of proper application in a proper format with necessary photographs and such other details from the petitioner. It should be kept in mind by Respondent No. 1 that whenever their employee expires, they have to send all such type of formats for getting death -cum - retiral benefits to the legal heirs whose names are reflected in the service records available with Central Coalfields Limited because some times the legal heirs are of tender aged children, sometimes illiterate widow and they may not be knowing what are their legal rights and, therefore, proper guidance ought to be given by the employer to the legal heirs of the deceased. This pious obligation ought to be discharged so efficiently that it may not happen that for decade or for several years legally payable amount is not paid to the legal heirs and the facts of the present case is that the father of the petitioner has expired on 19th December, 1997, more than one dozen years are going to be over in the coming December of 2009.
(3.) TO avoid this type of situation wherein delay in sometimes of more than a decade in payment of the retirement benefits, it is always expected from Central Coalfields Limited to evolve such a procedure that its retired employees or legal heirs of the deceased employee may get retirement benefits or death -cum - retirement benefits, as early as possible. It has been observed by this Court that Central Coalfields Limited is never objecting in the Court, on the contrary, their attitude in the Court is always positive and, therefore, the only reason for delayed payment is either ignorance of the applicant or illiteracy or non -availability of different application forms and, therefore, Central Coalfields Limited : - I. should inform retired employees or legal heirs of the deceased employee about the legally payable dues; II. should send all different types of application forms which are necessary to be filled up for getting retirement benefits or death -cum -retirement benefits because these forms are not available in the open market and sometimes the applications of the legal heirs for getting compassionate appointment is being dismissed as they have not preferred such applications within stipulated time limit. Thus, sometimes legal heirs of the deceased employees are missing bus or boat, permanently because of their ignorance and due to nonavailability of application forms in the open market. III. if need arises, looking to sickness of the retired employee or the minority of children of deceased employee or looking to illiteracy of the widow of the deceased employee, it is expected from Central Coalfields Limited in discharge of their obligation on humanitarian side to depute a responsible officer, to visit at the residence of retired / deceased employee, so that they may be apprised of their rights to get benefits and that different applications forms may be handed over to them personally. Thus, all promptness should be shown by Central Coalfields Limited which is a "State" within the meaning of "Article 12 of the Constitution of India" for the payment of retirement or death -cum - retirement benefits. ;