M/S. Bharat Coking Coal Ltd. Through Its ... vs Narayan Chandra Mukherjee
2025 Latest Caselaw 5828 Jhar

Jharkhand High Court

M/S. Bharat Coking Coal Ltd. Through Its ... vs Narayan Chandra Mukherjee on 15 September, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                       2025:JHHC:28161-DB




IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   LPA No. 512 of 2024
1. M/s. Bharat Coking Coal Ltd. through its Chairman-cum-Managing
   Director, having its office at Koyla Nagar, P.O.- Koyla Nagar, P.S.-
   Saraidhela, District-Dhanbad
2. Chief Manager (P) MP R, M/s Bharat Coking Coal Limited, office at
   Koyla Nagar, P.O.-Koyla Nagar, P.S.-Saraidhela, Dist.-Dhanbad
3. The General Manager (PF/Pension), M/s Bharat Coking Coal
   Limited, office at Koyla Nagar P.O.-Koyla Nagar, P.S.-Saraidhela,
   Dist.-Dhanbad
4. The General Manager, M/s Bharat Coking Coal Limited, office at
   Koyla Nagar, P.O.-Koyla Nagar, P.S.-Saraidhela, Dist.-Dhanbad
5. The Area Personnel Manager, Barora Area, M/s Bharat Coking
   Coal Limited, P.O. & P.S.-Govindpur, Dist.-Dhanbad
                                                    ... ... Appellants
                           Versus
1. Narayan Chandra Mukherjee, aged about 64 years, son of Late
   Lakhan Chandra Mukherjee resident of village-Nabagram, P.O.-
   Nildih, P.S.-Raghunathpur, Dist.-Purulia, West Bengal
                                   ... ... Writ Petitioner/respondent
2. Coal Mines Provident Fund, through its Regional Commissioner-I,
   Regional Office-D-II, Office at Hirapur, P.O. & P.S.-Dhanbad, Dist.-
   Dhanbad                             ... ... Respondent/Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Appellants: Mr. Manish Kumar, AC to Mr. Anoop Kr. Mehta, Advocate For the Resp No. 2 : Mr. Prashant Kumar Singh, Advocate

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05/Dated: 15.09.2025

1. Despite service of notice, the respondent no. 1 has failed to put

in appearance.

2. We have gone through the contents of the appeal and find that

the issue in question as regards this Court is concerned is no

longer res-integra and squarely covered by the judgment

rendered by this Court in LPA No. 362 of 2024, titled M/s.

2025:JHHC:28161-DB

Bharat Coking Coal Ltd., and others v. Kailash Chandra

Mukherjee and Anr decided on 29.04.2025 , whereby the order

passed by the learned writ Court has been ordered to be

modified as under:-

"14. Hence, the respondent no.1 is directed to deposit his contribution towards pension for qualifying period along with the amount of Rs. 44,357/- paid to him under para 10(4) of the CMPS 1998 with the appellants within four weeks from the date of passing of this order and on receipt of the same the appellants shall forward it along with their contribution to CMPFO. The CMPFO shall thereafter fix and pay pension along with the arrears to the respondent no.1 within one month from the date of receipt of the said contribution."

3. For the reasons set out in LPA No. 362 of 2024, which shall be

read as mutatis mutandis in the instant appeal, the instant

Letters Patent Appeal is disposed of in terms of para 14

extracted above with a slight change in amount, leaving the

parties to bear their costs.

(Tarlok Singh Chauhan, C.J.)

(Rajesh Shankar, J.) Sharda/Rohit Cp.01

15.09.2025