Chattisgarh High Court
Kusum Gupta vs South Eastern Coalfield Limited on 21 July, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 967 of 2021
1 - Kusum Gupta W/o Motilal Gupta Aged About 70 Years R/o Charcha
Colliery, Besides Of Gramin Bank Tehsil Baikunthpur, District Koriya
Chhattisgarh
2 - Neeraj Gupta S/o Motilal Gupta Aged About 52 Years R/o Charcha
Colliery, Besides Of Gramin Bank, Tehsil Baikunthpur District Koriya
Chhattisgarh
3 - Deepak Gupta S/o Motilal Gupta Aged About 36 Years R/o Charcha
Colliery, Besides Of Gramin Bank, Tehsil Baikunthpur District Koriya
Chhattisgarh
4 - Ravindra Gupta S/o Motilal Gupta Aged About 34 Years R/o Charcha
Colliery, Besides Of Gramin Bank, Tehsil Baikunthpur District Koriya
Chhattisgarh
5 - Vibha Gupta W/o N. P. Gupta Aged About 56 Years R/o Near Rubber
Factory, Pushpgiri Colony, Katani District Katani M. P.
6 - Shobha Gupta W/o Girish Gupta Aged About 44 Years R/o New Rajendra
Nagar, Raipur Chhattisgarh
7 - Seema Gupta W/o Nitin Gupta Aged About 41 Years R/o Karnalbaag,
Nagpur, M.H.
... Petitioner(s)
versus
1 - South Eastern Coalfield Limited Through The Chairman -Cum-Managing
Director, Seepat Road, Bilaspur District Bilaspur Chhattisgarh
2 - The General Manager South Eastern Coalfield Limited, Baikunthpur,
District Koriya Chhattisgarh
3 - Chief Personal Manager South Eastern Coalfield Limited, Jhilmili Sub
Area, Baikunthpur, District Koriya Chhattisgarh
-2-
4 - The Personnal Manager South Eastern Coalfield Limited, Jhilmili Sub
Area, Baikunthpur, District Koriya Chhattisgarh
5 - Sub Area Manager South Eastern Coalfield Limited, Jhilmili Sub Area,
Baikunthpur, District Koriya Chhattisgarh ---- Respondents
For Petitioners : Mr. Syed Majid Ali, Advocate
For respondents : Mr. Vinod Deshmukh, Advocate along with
Ms. Azka Alam, Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
21.07.2025
1. The petitioners have filed this petition seeking the following relief(s):-
"10.1 That, this Hon'ble Court may be pleased to
direct the respondent authorities to release all the
dues of deceased Motilal Gupta in favour of
petitioners with interest of 18% per annum.
10.2 That, this Hon'ble Court may kindly be pleased
to take action against the official of the respondent
company, as inordinate delay is occurring in the
matter of all the dues to their negligence.
10.3 Any appropriate writ, direction or order may also
kindly be passed in favour of the petitioner, which
this Hon'ble court deems fit in the circumstances of
the case."
2. Mr. Ali, the learned counsel appearing for the petitioners, would submit
that Shri Motilal Gupta got retired from the Company's services on
31.01.1997. He went missing on 30.06.1997, and the petitioners are
his legal representatives. He would further submit that the petitioners
approached the respondent authorities claiming therein retiral dues,
which were payable to Shri Motilal Gupta. Mr. Ali would contend that
the petitioners filed a civil suit in the year 2011 to declare the civil death
of Shri Motilal Gupta, as he remained missing since the year 1997. The
civil suit was decreed by the competent Civil Court vide judgment and
decree dated 19.12.2014. Mr. Ali would further contend that the
respondent authorities have not made the payment of retiral dues,
including the amount of gratuity and other benefits to the petitioners.
3. On the other hand, Mr. Deshmukh, learned counsel appearing for
respondents/SECL, would oppose the submissions made by Mr. Ali. He
would submit that the service record of Shri Motilal Gupta is not
traceable. He would further submit that the petitioners are required to
submit a succession certificate to the competent authority. It is also
contended that in the absence of a succession certificate, it is very
difficult for the respondent authorities to consider their claim.
4. I have heard learned counsel appearing for the parties and perused the
documents placed on the record.
5. As stated by Mr. Deshmukh, the service record of Shri Motilal Gupta is
not traceable, whereas the petitioners have claimed themselves as the
legal representatives of Shri Motilal Gupta.
6. Looking to the controversy involved in the present case, SECL
authorities are directed to conduct an inquiry with regard to the
entitlement of the petitioners to receive retiral dues, which were
payable to Shri Motilal Gupta. The authority concerned shall afford the
proper opportunity of hearing to the petitioners during the course of the
enquiry. The entire exercise shall be completed by the respondent
authorities within a period of 120 days from the date of receipt of a
copy of this order.
7. During the course of the inquiry, the respondent authorities shall not
compel the petitioners to submit the succession certificate.
8. With the aforesaid observation(s)/direction(s), the present petition is
disposed of.
Sd/-
(Rakesh Mohan Pandey)
Judge
Rekha
