SOUTH EASTERN COALFIELDS LIMITED Vs. RAMDULAR KHANDE

JUDGEMENT

(1.) This Revision has been preferred against the order dtd. 13/4/2023 passed in Succession Appeal No.1/2022, whereby the District Judge, Janjgir had affirmed the findings recorded by the Succession Court i.e. the Civil Judge Class-I, Akaltara on 22/3/2022 in Succession Case No.6/2021, whereby succession certificate has been issued in favour of respondents No.1 to 3 to receive an amount of Rs.11,92,864.00 in CMPF Account No. BLP/13/1380 held by the deceased namely, Rameshwari, respondent No.1 being husband in relation and respondents 2 and 3 being children of the deceased employee and the Appeal was dismissed.

(2.) Facts of the case are that respondents/non-applicants No.1 to 3 had earlier filed a succession application before the Civil Judge, Class-I, to the Additional Judge, Korba bearing Succession Case No.3/2020, which was withdrawn on 3/4/2021. Mother of the deceased employee, namely, Ram Kunwar had also filed a case bearing No.2A/2021 before the Civil Judge, Class -I, Katghora and the same was dismissed for non prosecution on 4/3/2022. During the pendency of the case, mother of the deceased employee had expired on 7/2/2023 (Annexure-1/6). Respondents/non-applicants No.1 to 3 had subsequently filed Succession Application before the Civil Judge, Class-I, Akaltara bearing Case No.6/2021 alleging that non-applicant No.1 is the husband whereas non-applicants No.2 and 3 are children of the deceased. After enquiry, the said application was allowed in favour of non-applicants No.1 to 3. The petitioner herein was not impleaded as party in the original application and the same ground was raised by the petitioner herein in Succession Appeal No.1/2022 that the petitioner is a necessary party to decide the controversy effectively and completely between the parties, however, the said Appeal was dismissed. Thereafter the present Revision has been filed.

(3.) Learned counsel for the petitioner would submit that the petitioner being an employer is a necessary party, which is having service record of deceased Rameshwari and not arraying the petitioner as party is fatal. He further submits that the deceased has made nomination in favour of her mother Ram Kunwar, however, he would not dispute the fact that during the pendency of the case, mother of the deceased had expired on 7/2/2023. The Succession Application is barred by the principle of res judicata, as the earlier application was withdrawn. He further submits that the amount lying with the CMPF is not a security or debt, as defined under Sec. 370 (2) of the Indian Succession Act, 1925 (for short 'the Act, 1925'). He further submits that the subject application was not filed before the jurisdictional Civil Court, as the deceased was ordinarily residing at Korba District, whereas the application was filed before the Civil Court, Janjgir. Therefore, in view of the provisions under Sec. 371 of the Act, 1925, the said application was not maintainable before the latter Court. He lastly submits that on the basis of succession certificate, respondent No.1 is also trying to seek employment, though he fairly submits that the succession certificate does not give any right in favour of the holder of the certificate to get employment and the employment is to be given strictly as per the scheme/policy and the Rules of the organization. He would place reliance on the judgment of the Hon'ble Supreme Court in the matter of Mumbai International Airport Pvt. Ltd. Vs. Regency Convention Centre and Hotels Pvt. Ltd and Ors AIR 2010 SC 3109 (Para-8) and also on the judgment rendered by the Delhi High Court in the matter of M/s Indian Associates Vs. Shivendra Bahadur Singh and Others AIR 2003 DELHI 292 (paras-29 to 33) to submit that the petitioner herein is a necessary party. He prays that the orders passed by the Appellate Court and the Civil Court (Succession Court) are bad in law and the same may be set aside and the matter be remitted back to decide the same afresh, in accordance with law.