Coal Mines Officer,Asson. Of ... vs Union Of India & 4 Ors
2018 Latest Caselaw 1018 Bom

 Judgment                                                         wp4381.02


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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                           NAGPUR BENCH : NAGPUR



                   WRIT PETITION  NO.   4381  OF 2002.


1.  Coal Mines Officers' Association
    of India, through P.V. Rao, General
    Secretary, Western Coalfields Ltd.,
    Branch Nagpur.

2.   Shri P.V. Rao, Finance Manager,
     Western Coalfields Ltd., Nagpur.       ...     PETITIONERS


                                  VERSUS 


1.   Union of India,
     through the Secretary, Ministry
     of Labour, Shram Shakti Bhawan,
     New Delhi.

1.A. Union of India,
     through the Secretary, Ministry
     of Coal and Mines, Department,
     of Coal, Shastri Bhavan,
     New Delhi.

2.   Coal Mines Provident Fund
     Commissioner, Dhanbad (Zharkhand).

3.   Regional Commissioner,
     Coal Mines Provident Fund, 
     Nagpur (M.S.)




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  Judgment                                                                           wp4381.02


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4.   Coal India Limited,
     through its Chairman, 10, Netaji Subhas
     Road, Kolkatta 700 001.

5.   Western Coalfields Limited,
     through its Chairman-cum-Managing
     Director, Civil Lines, Nagpur.              ...     RESPONDENTS
                                                                  .


                                ---------------------------------
                       None for Petitioners.
     Mrs. M. Chandurkar, Advocate for Respondent Nos. 1 and 2.
                                ----------------------------------


                                         CORAM :    B.P. DHARMADHIKARI &
                                                    MRS. SWAPNA JOSHI, JJ.

DATED : JANUARY 25 2018

ORAL JUDGMENT (PER B.P. DHARMADHIKARI, J.) :

None appears for petitioners. Mrs. M. Chandurkar,

learned Counsel appearing for respondent no.1 has submitted that

identical issue was looked into by the Bilaspur High Court (then

Madhya Pradesh High Court), and petitions were dismissed. The

employees then approached the Hon'ble Supreme Court in Civil

Appeal No. 10616/2010, and the same has been dismissed on

07.01.2016.

Judgment wp4381.02

2. Challenge in this Writ Petition is to Clause 61[2], which

stipulates that interest for the period of currency of the card shall be

credited with effect from the last day of the period on the opening

balance at the credit of the member on the first day thereof.

3. Our attention is also invited to orders passed in February,

2004 by the Madhya Pradesh High Court in Writ petition

No.6431/2002.

4. In this situation, we are not in a position to adopt any

other view in the matter. We therefore, dismiss the Writ Petition.

Rule discharged. No costs.

                         JUDGE                        JUDGE

Rgd.