IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6395 of 2006 BHOLA SAHNI @ BHOLA SHANI @ BHOLA SAHNI, SON OF LATE KODAI SAHNI, RESIDENT OF VILLAGE – SALEMPUR, P.S. – MEENAPUR, DISTRICT – MUZAFFARPUR. ………. . PETITIONER Versus 1. UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF COAL AND MINES, NEW DELHI. 2. GENERAL MANGER, NORTH EASTERN COAL FIELD, COAL INDIA LTD. MARGHARIT, TASUKU ASSAM. 3. CHIEF PERSONNEL MANAGER, COAL INDIA LTD. N.E. COAL FIELD, MARGHERITA, ASSAM. ……………… RESPONDENTS ----------- 2 03.03.2011 Heard learned counsel for the petitioner and Sri Vishwa Mohan Kumar Sinha, learned counsel appearing on behalf of respondent nos. 2 & 3. The petitioner who retired as labourer on 1.7.1998 from Ledo Colliary Margherita Group, North Eastern Coal Field, Coal India Ltd., Assam has prayed for directing the respondents to make payment of arrears of pay, bonus, gratuity and other retiral dues. In this case a counter affidavit has been filed on behalf of respondent nos. 2 & 3 wherein preliminary objection has been raised on the maintainability of the writ petition. Besides raising preliminary objection the respondent nos. 2 & 3 have also stated in paragraph 5 as follows: “Shri Bhola Sahni (petitioner) Employee No. 3130674 was an employee of Ledo Colliery. As per official records he had jointed N.E.C., Ledo Colliery on 03.01.1976. At that time his date of birth was 01.07.1938. Accordingly, he retired from his service 2 with effect from 01.07.1998 after attaining the age of 60 years. After his retirement he had not submitted his claim for gratuity and C.M.P.F. in prescribed form up to 11.12.2002. After many pursuation he had submitted his claim for gratuity and Provident Fund on 12.12.2002. Accordingly, a cheque bearing No. 532812 dated 03.01.2003 amounting to Rs. 90,059=88 was issued in favour of Sri Bhola Shani (petitioner) as gratuity money and Rs. 16,518.97 (Cheque No. 533123 dated 07.02.2003) as arrear money. But, inspite of several reminders the petitioner had not collected the cheque from Ledo Colliery Office. Therefore, the cheques were sent back to Area Office, Margherita on 31.03.2003. Secondly, the petitioner had submitted his claim for Provident Fund money on 03.01.2003 where he had submitted photo copy of the Bank Account No. in the name of “Bhola Shani” which was quite different from the office record as well as claim application. Therefore, he was advised to resubmit a photo copy of the Bank Pass Book in the name of Shri Bhola Sahani. But till date he has not submitted the same to his office or C.M.P.F. Office, Margherita. Therefore, C.M.P.F. Office, Margherita has not issued Account Payee Cheque in his name. From the above, it is confirmed that intentionally the petitioner has not received the cheque of Gratuity and Arrear. That the aforementioned facts will be clear from the letter of the Personel Manager, Ledo and Tyrappa Colliery addressed to the Labour enforcement Officer (C).” 3 However, Sri Vishwa Mohan Kumar Sinha, learned counsel for respondent nos. 2 & 3 submits that he can ask the concerned authority that as and when the petitioner appears before the authority concerned without any delay step shall be taken to clear his dues. The court is of the opinion that on the point of maintainability the writ petition is fit to be rejected. However, it is expected that Sri Vishwa Mohan Kumar Sinha, learned counsel for the respondent nos. 2 & 3 may apprise the concerned authority so that payment of the admitted dues of the petitioner may be made if he appears before the authority concerned. The petition stands dismissed as the same is not maintainable. Praful /- ( Rakesh Kumar, J.)