Disposed

Bimla Devi v. Bharat Coking Coal Ltd. through Its Chairman Cum Managing Director and Ors.

Jharkhand HC12 Mar 2022WPC/6659/2014

Case brief

AI extract

What is this about?

National Lok Adalat disposed of a writ petition by Bimla Devi seeking family pension and unpaid CMPF amount. Mediation succeeded to release her share. The court directed the respondent company to process the remaining half share upon filing a claim by the deceased's unmarried daughter.

What did the court decide?

Writ petition disposed; wife's share addressed; daughter allowed to file separate claim with BCCL for other share.

Bimla Devi Vs Bharat Coking Coal Ltd… — Pension and Retirement Benefits | Jharkhand HC (2022)

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AWARD

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BEFORE NATIONAL LOK ADALAT AT JHARKHAND HIGH COURT, RANCHI

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DATED 12.03.2022

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(Organized by High Court Legal Services Committee under section 19, Legal Services Authorities Act, 1987 (Central Act).

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BENCH NO. 02

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W.P. (S) No. 6659 of 2014

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Petitioner/Appellant :- Bimla Devi Versus 2. Respondent/O.P.(s) :- Bharat Coking Coal Ltd. & Others Present :- Name of Hon’ble Judge :- Hon'ble Mr. Justice Kailash Prasad Deo. Name of Advocate Member :- Mr. Mithilesh Singh, G.A.-IV .

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AWARD

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The matter is taken up in National Lok Adalat in physical mode. Petitioner, Bimla Devi has preferred this writ petition for payment of family pension along with monetary compensation as well as remaining CMPF due of Rs. 1,44,000/- lying in the name of her deceased husband Nakul Singh in C.M.P.F. A/c No. 507560.

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Learned counsel for the petitioner, Mr. Anjani Kumar Singh has submitted that half share of the aforesaid amount has been paid to the petitioner, who is wife of the deceased employee, but the other half share in the name of Surma Kumari, daughter of the deceased employee has not been released in favour of the her mother (petitioner) or herself, even though Surma Kumari has filed an application before the authorities on 10.12.2006, which has been brought on record as Annexure-7 to the writ petition.

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Learned counsel, Mr. Shivam Sahay, A.C. to learned counsel for the respondents / BCCL, Mr. Amit Kumar Das and learned counsel for the CMPF, Mr. Prashant Kumar Singh have submitted that so far the payment of share of Surma Kumari, unmarried adult daughter of the deceased employee is concerned, the same could be disbursed only after submission of claim by the said claimant Surma Kumari, which will be processed by the CCL and send to the office of CMPF authorities.

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Under the aforesaid circumstances, mediation is successful. So far Bimla Devi is concerned, the writ petition is disposed of.

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I.A. No. 1037/2016 stands closed.

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-2-

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However, Surma Kumari / Devi is at liberty to file an application before the BCCL for release of other half share of the CMPF amount.

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Sign. of Hon’ble Judge

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Sign. of Advocate Member

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(Seal of the Committee)

Bimla Devi v. Bharat Coking Coal Ltd. through Its Chairman Cum Managing Director and Ors.

Case brief

What is this about?

What did the court decide?

Bimla Devi v. Bharat Coking Coal Ltd. through Its Chairman Cum Managing Director and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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