Chinthala Rajaiah vs Singareni Collieries Company ...
2021 Latest Caselaw 1430 Tel

Item No.9

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                 AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                  WRIT APPEAL No.154 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    The appellant/writ petitioner is aggrieved by the order dated

03.02.2021, passed by the learned Single Judge disposing of

W.P.No.2214 of 2021, while referring to the letter dated 19.10.2020

addressed to him, quantifying the amount payable to him by the

respondents No.1 to 3/employer.

2. Learned counsel for the appellant states that the said letter

refers to a sum of Rs.5 lakhs, as lump sum amount payable to the

appellant for his balance services, which is unacceptable for the

reason that the appellant had not sought any employment for his

dependent and on attaining superannuation, has claimed his

pensionary/terminal benefits including gratuity, CMPF, FBIS etc., as

rightfully due to him.

3. Learned Standing Counsel appearing for the respondents No.1

to 3/employer submits, on instructions, that the employer has no

objection to paying the pension, gratuity, CMPF, FBIS etc. to the

appellant subject to his completing all the requisite formalities in this

regard including submitting an NOC from his wife.

4. Learned counsel for the appellant states that the appellant may

be permitted to complete all the requisite formalities through his wife

W.A.No.154 of 2021 page 1 of 2 or son since he is bedridden and the respondents No.1 to 3/employer

be directed to process his case at the earliest.

5. The requisite formalities shall be completed by the appellant

and the documents submitted by his wife/son to the respondents No.1

to 3/employer within three weeks. The respondents No.1 to

3/employer shall process the said application and if there is any

deficiency, inform the appellant's family of the same for them to

make good the deficiency. When the application is complete in all

respects, then the amounts due and payable to the appellant shall be

released to him through his wife/son within four weeks therefrom.

6. The appeal is disposed of in terms of the above order along

with the pending applications, if any. If the appellant has any

grievance with regard to non-release of any amount by the

respondents No.1 to 3/employer, he shall be entitled to approach the

court for appropriate orders.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 30.04.2021 lur

W.A.No.154 of 2021 page 2 of 2