Lokesh Khote v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5183 of 2021 Lokesh Khote S/o Late Deshilal Khote Aged About 31 Years R/o House No. 7, Bahoriklal Chowk, Janjgir Mod, P.S. Pamgarh, Pamgarh District JanjgirChampa (Chhattisgarh) ---- Petitioner

Versus

1.

South Eastern Coalfields Limited Through Chairman Cum Managing Director, South Eastern Coalfields Ltd. Head Office, Seepat Road Bilaspur (Chhattisgarh) 2.

Director (Personnel) South Eastern Coalfields Limited, Head Office, Seepat Road Bilaspur (Chhattisgarh) 3.

Chief General Manager South Eastern Coalfields Limited Chirmiri Area, District Koriya (Chhattisgarh) 4.

Sub Area Manager South Eastern Coalfields Limited, Chirmiri Open Cast Project, Chirmiri Area, Chirimiri, District Koriya (Chhattisgarh) 5.

Regional Commissioner Coal Mines Provident Fund, Seepat Road Sub - P.O. Secl, Bilaspur (Chhattisgarh) ----Respondents For Petitioner :

Mr. Raj Shengale, Advocate For Respondents No. 1 to 4 :

Mr. Vinod Deshmukh, Advocate For Respondent No.5 :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 29/09/2021 1.

The claim of the petitioner was seems to be in respect of the unpaid dues payable to his father, who was an employee under the respondents No.1 to 4.

2.

Present is the second round of litigation for the same fate. The earlier round of litigation was WPS No. 5400/2020 decided on 04.01.2021. The said writ petition was filed by the employee himself claiming for the retiral dues payable to him on his retirement w.e.f. 30.04.2017. The said writ petition wad disposed of on 04.01.2021. Subsequently, the employee i.e. the petitioner in the previous writ petition namely Deshilal Kote died on 17.03.2021.

3.

Today, when the matter is taken up for hearing, the counsel for the respondents has produced documents to show that the respondents meanwhile have settled the provident fund dues as also the pensionary benefits payable to the employee in as much as an amount of Rs.41,59,008/- was credited to the account of the employee towards the provident fund on 11.02.2021 and similarly the arrears of pension amounting to Rs. 7,02,495/- was also credited to the account of the employee on 02.02.2021. The details of the confirmation of the payment made is also produced before the Court during the course of hearing by the counsel for the respondent No.5. When both these amounts were credited to the account of the employee, he was very much alive. It has been further informed that the employee concerned was being paid the monthly pension of Rs.15,611/- every month till the date of his death. 4.

Given the said facts and circumstances of the case and the information provided by the counsel for the respondents, this Court is of the opinion that the grievance of the petitioner seems to have been substantially redressed. Now in case of any further grievance that the petitioner has, the same would have to be redressed by moving an

appropriate application before the competent authority giving the details in accordance with the service Rules governing the field. 5.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved