Calcutta High Court (Appellete Side)
Behula Kora & Anr vs Eastern Coalfields Limited & Ors on 10 April, 2023
10.04.23
15 Ct. No.25
Sws.M
WPA 4931 of 2023
Behula Kora & Anr.
Vs.
Eastern Coalfields Limited & Ors.
Mr. Nirmalendu Ganguly
....for the petitioners
Mr. Syed Nurul Arefin
Ms. Rashmi Binayak
...for the respondent/ECL
Mr. Kallol Guha Thakurata
Md. Wasim Rahaman
Mr. Ganguly, learned Counsel appears on behalf
of the petitioners and submits that the prayer for
compassionate appointment of the petitioner No. 2 has
not been considered till date despite the petitioner No.
2 being called for a medical test in 2012. He further
submits that the death benefits of the deceased
employee/mother of petitioner No. 1 and mother-in-
law of petitioner No. 2 were not granted till date.
Mr. Arefin, learned Counsel appears on behalf of
the Eastern Coalfields Limited (ECL) and submits that
the amount due under Gratuity and Life Cover
Scheme has been paid to the petitioner No. 1. Her
claims regarding Provident Fund has been forwarded
to Coal Mines Provident Fund Organisation (CMPFO)
vide Memo dated January 17, 2019.
Considering the submissions of the parties and
the materials placed on record, this Court finds that
the screening for employment of the petitioner No. 2
was fixed on May 26, 2012. The petitioner No. 2 was
initially advised to submit copies of Voter Card (Epic)
and Ration Card of the deceased employee, himself
and his wife/the petitioner No. 1 on April 16, 2012.
Thereafter several documents were required on August
1, 2012 by the Senior Officer Personnel of Manderboni
Colliery. It is submitted by Mr. Arefin that such
documents were not submitted by the petitioner No. 2
within a reasonable period of time. No averments have
been made in the writ petition with regard to the
submission of the same and no documents have been
annexed thereto.
He submits that the claim of the petitioner for
compassionate appointment has been defeated due to
inordinate delay relying on a judgment reported in
2023 SCC OnLine SC 219 (State of West Bengal vs.
Debabrata Tiwari and others).
Mr. Guha Thakurata, learned Counsel appears
on behalf of respondent No. 4/CMPFO and submits
that necessary documents were received on January
17, 2019 but the name of the claimant mentioned in
such documents was Behula Debi instead of Behula
Kora. Therefore, the Provident Fund dues could not be
released.
Considering the submissions of the parties and
the materials placed on record, this Court gives leave
to the learned Counsel appearing on behalf of the
petitioners to file a Supplementary Affidavit bringing
on record the documents to show when the documents
as required by the letter dated August 1/2, 2012 were
submitted to respondent/ECL. It shall also be brought
on record what steps the petitioners took between
August 20, 2012 and January 12, 2023 in pursuing
the claim for compassionate appointment.
This Court directs the respondent No. 3/the
General Manager, ECL or any other authority directed
by him to file a Report on Affidavit as to the steps
taken by ECL in respect of processing the claim for
compassionate appointment of the petitioner.
Furthermore, it has to be explained on Affidavit the
reason for delay in forwarding the claim of petitioner
No. 1 to CMPFO. Admittedly, the petitioner No. 1's
mother died on March 20, 2011 and the claim was
forwarded on January 17, 2019. It has to be also
explained why the name of Behula Debi was shown to
be the claimant when the Gratuity was released in
favour of Behula Kora. The respondent No. 4/CMPFO
is also directed to file an Affidavit as to the steps taken
by them for correction when the discrepancy regarding
the name of the petitioner was deciphered by them.
This Court is prima facie of the view that the
authorities cannot sit tight over the legitimate dues of
the petitioner on the pretext that there is a
discrepancy in the name of the petitioner and take no
steps in requiring the petitioner to rectify such
discrepancy. The CMPFO will also explain on Affidavit
as to why necessary documents were not required
from the employer /ECL for processing the claim of
the petitioner after noting the discrepancy. Let such
Report on Affidavit be filed by April 28, 2023.
Exception, if any, by May 12, 2023.
Let the matter come up for further consideration
under the same heading 'Motion' on June 5, 2023.
All parties to act on a server copy of this order
downloaded from the official website of this Court.
(Lapita Banerji, J)
