Calcutta High Court
Shailani Dome vs M/S. Eastern Coal Fields Ltd And Ors on 21 March, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD-2 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/609/2024
SHAILANI DOME
-VS-
M/S. EASTERN COAL FIELDS LTD AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date : 21st March, 2025.
Appearance:
Mr. Partha Ghosh, Adv.
Mr. Amal Kumar Datta, Adv.
Ms. Simran Sureka, Adv.
Mr. Debashis Das, Adv.
Mr. Bratin Guin, Adv.
... for the petitioner.
Mr. Susanta Pal, Adv.
Ms. Madhumanti Chakraborty, Adv.
Mr. N. Banerjee, Adv.
... for respondent nos. 1-7.
Mr. Kallol Guha Thakurata, Adv.
Md. Wasim Rahaman, Adv.
Mr. Rajesh Nath Goswami, Adv.
... for respondent no.8.
The Court: The matter is being heard on regular basis since 13 th
August, 2024. Several orders have been passed directing the employer
Eastern Coalfields Limited (in short 'ECL') and the Coal Mines Provident
Fund Authorities to pay the gratuity amount, the life coverage amount,
the provident fund amount as also the arrears of pension. Although, the
principal sum along with interest in respect of gratuity and provident
fund and life coverage scheme has been paid but only the principal sum
on account of arrears of pension has been paid, the interest for delayed
payment of the pension amount has not been paid. The concerned
employee died on 7th January, 2007. The legal heirs/heiress of the
deceased employee therefore was deprived of the pension amount
between 8th January, 2007 and the date when the same was actually
paid. Sofar as the interest component on the arrears of pension is
concerned, there appears to be a dispute between ECL and Coal Mines
Provident Fund Organization (in short CMPFO). ECL on one hand says
that pension is to be paid by CMPFO and as such the delay, if any, is not
attributable to ECL. As a consequence where of, ECL is not liable to pay
any interest. CMPFO on the other hand says that the moment the
requisition was made for paying the pension, CMPFO has paid the
pension amount. The current pension amount is also been paid on
regular basis.
It is now settled provision of law as held by the Hon'ble Supreme
Court in judgment reported in (2022) 4 SCC 627 (Dr. A. Selvaraj Vs.
C.B.M. College And Others) that the employee or his/her nominee, legal
heirs(s)/heiress cannot be deprived of the retiral benefits due to in-fight
between the employee or the agency required to pay the same or any part
or portion thereof . The Hon'ble Supreme Court in paragraph 12 of the
said judgment has held as follows:-
"12. In that view of the matter, subject to the further
final order that may be passed by the Government, the
College/Management is first liable to pay the interest on the
delayed payment of retirement dues subject to the final
decision, which may be taken by the Government, after
hearing the Management and the former Secretary. However,
because of the inter se dispute between the Management,
Secretary and the Government on who is responsible for the
delay in making the payment and/or settling the dues, the
retired employee should not be made to suffer for no fault of
his."
In view of such finding the heirs and heiress of the deceased
employee cannot be made to run from pillar to post to receive the
pension amount and then the interest on the delayed payment of pension
from 2007.
In the aforesaid facts and circumstances, I direct the employer ECL
to pay the interest on the arrears of pension from 8 th January, 2007 till
the same has been actually paid at the rate of 8% per annum at the first
instance and thereafter settle the disputes, if any, with CMPFO in
connection with the liability to pay interest for delayed payment of the
pension. The liability will be fixed between ECL and CMPFO and the
entity liable to pay interest will be ascertained amongst them. ECL is
directed to pay the interest on the arrears of pension for the period
between 08.01.2007 and the actual date of payment of the arrears of
pension within 20th April, 2025 failing which the interest component will
become 10% per annum from 8th January, 2007 till the same is paid.
Nothing further remains to be adjudicated in the writ petition, the
same is accordingly disposed of.
The writ petition WPO/609/2024 is disposed of.
(ARINDAM MUKHERJEE, J.)
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