Rongon Mukhopadhyay, J. - (1.) Heard Mr. Anoop Kumar Mehta, learned counsel for the petitioner. None appears on behalf of the respondents in spite of valid service of notice.
(2.) In this writ application, the petitioner has prayed for quashing the order dated 01.06.2011 passed by the learned Presiding Officer, Labour Court, Dhanbad in M.J. Case No. 17 of 2010, in which while exercising its powers under Section 33-(C)(2) of the Industrial Disputes Act the management has been directed to refund all deducted amount of pension with interest to the respondents amounting to Rs. 1,30,377.95.
(3.) The averments made in the writ application reveal that Sita Ram Kewat was an employee of Basanti Mata Colliery of M/s. B.C.C.L. He was a member of the Coal Mines Provident Fund and was also contributing towards pension under the Coal Mines Pension Scheme, 1998. In course of service Sita Ram Kewat died on 16.10.2006. His wife had already predeceased him. The respondents being the children of late Sita Ram Kewat had made a request to the petitioner for refund of contributions of their deceased father but since nothing was done an application was preferred by them under Section 33-(C)(2) of the Industrial Disputes Act in which it was stated that their deceased father was a member of CMPF and regular deductions were made from the pay slip from April, 1989 till his death i.e. 16.10.2006 against pension and therefore the respondents claim that they are entitled to the refund of the entire amount along with interest.;