RANCHI, India, March 8 -- Jharkhand High Court issued the following order on Feb. 6:
1. This interlocutory application has been filed for ignoring the defects.
2. In view of the submissions made in this interlocutory application, this interlocutory application is allowed.
3. WP(S) No.664 of 2026
4. Heard the learned counsel representing the petitioner and the learned counsel representing the respondents.
5. It is the case of the petitioner that he has not been paid pension, on the ground that he has not completed 10 years of service after reinstatement.
6. It is an admitted case that his reinstatement order was passed by the Central Government Industrial Tribunal. But due to the paraphernalia, the respondent-authorities took time for his reinstatement, thus the total period (actual date when he was reinstated to the date of his superannuation) was less than ten years. If the period is calculated from the date of order of the Tribunal, it was more than ten years.
7. Learned counsel for the petitioner submits that he is agreeable for the condition which has been imposed in L.P.A. No.362 of 2024 in respect of exactly similarly situated employees.
8. In Letters Patent Appeal the workmen were directed to deposit their contribution towards pension for qualifying period along with the amount, if any, under para 10(4) of the CMPS 1998 with the Bharat Coking Coal Limited. The Bharat Coking Coal Limited was further directed to forward the aforesaid amount along with their contribution to the CMPF organization. The CMPF organization, thereafter was directed to disburse the monthly pension. It may be pertinent to mention here that LPA No.362 of 2024 involve one Kailash Chandra Mukherjee & Another and the respondents herein. This case of Kailash Chandra Mukherjee and another arises out of the same award in which this petitioner is also party.
9. Thus, in my opinion the petitioner should be given the same treatment which has been given to Kailash Chandra Mukherjee and another in LPA No.362 of 2024.
10. At this stage, learned counsel appearing on behalf of the petitioner submitted that the petitioner is also agreeable to deposit his contribution towards the pension for the qualifying period along with any amount paid to him under para 10(4) of the CMPS 1998.
11. Considering the said submission, I direct the petitioner to deposit his contribution towards the pension for qualifying period along with any amount, if any, paid to him, under para 10(4) of the CMPS 1998 with Bharat Coking Coal Limited, once the said amount is deposited, the Bharat Coking Coal Limited will forward the same along with the contribution of Bharat Coking Coal Limited to the CMPFO. CMPFO shall thereafter fix and pay the pension including the arrears to the petitioner.
12. The entire process should be concluded within a period of eight weeks from the date when the petitioner deposit his contributions.
13. With the aforesaid observations and directions, this writ petition stands disposed of.
Disclaimer: Curated by HT Syndication.