Smt Sukhin Bai v. Chairman Cum Managing Director

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7885 of 2018 Smt Sukhin Bai Wd/o Late Shri Ramlal Kewat Aged About 48 Years Quarter No. 200 Minus/139, Katkona Colliery, Katkona, Tahsil Baikunthpur, District- Koria, Chhattisgarh.

---- Petitioner

Versus

1. Chairman Cum Managing Director South Eastern Coal Fields (S.E.C.L.) Limited, Seepat Road, Bilaspur, District- Bilaspur, Chhattisgarh.

2. Chief General Manager, South Eastern Coal Fields (S.E.C.L.) Limited, Baikunthpur Area, Baikunthpur, District- Koriya, Chhattisgarh.

3. Sub-Area Manager South Eastern Coal Fields (S.E.C.L.) Limited, SubArea, Katkona, District- Koriya, Chhattisgarh. ---Respondents For Petitioner :

Ms. Meena Shashtri, Advocate For Respondents :

Mr. V.R. Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 01/12/2018

1. Counsel for the petitioner makes an oral request for making necessary correction in the cause title, so far as the status of the respondent no.2 is concerned.

2. Not opposed.

3. Accordingly, let necessary amendment be carried out during the course of the day itself.

4. The grievance of the petitioner in the present writ petition is that the husband of the petitioner was an employee under the respondents working as a Loader and he died in harness on 12.01.2016. She submits that though the deceased employee died in January, 2016, she has till date not got any death-cum-terminal benefits that she would otherwise be entitled for like; Gratuity, CMPF, Pension, Insurance, etc.

-25. Though she submits that the son of the petitioner has in due course been granted the dependent employment by the department, but she is also entitled for the dues, which were payable to her on the death of the deceased employee.

6. On a query being put to the counsel, she fairly submits that the claim has till date not been rejected at any point of time.

7. Given the said facts and taking note of the nature of dispute, this Court is of the opinion that ends of justice would meet if a direction is given to the respondents No.2 & 3 to consider and decide the claim of the petitioner, so far as her claim for death-cum-terminal benefits, that she is entitled for on the death of her husband.

8. Let the respondents authorities scrutinize the claim of the petitioner and take an appropriate decision within a period of 90 days from the date of receipt of the copy of this order.

9. With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Ved