RAM BHAWAN UPADHYAY Vs. UOI & ORS

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioner impugning the order dated 16.08.2004 passed by the respondent no.3/Commissioner, Coal Mines Provident Fund, whereby he had been informed that he had qualified to become a member of the Coal Mines Provident Fund (hereinafter referred to as "CMPF") only w.e.f. January 1969. The petitioner also seeks a direction to the respondent no.2/Board of Trustees, CMPF to release the payment towards his provident fund contribution from 20.06.1968 to 15.06.1969.

(2.) The relevant facts emerging from the record are that the petitioner having been selected for appointment as a second class Assistant Manager in Union Coal Company Limited (hereinafter referred to as "UCCL"), Union Angarpathra Colliery, P.O. Sijua, Distt. Dhanbad, was directed to report for duties vide letter dated 19.06.1968 to the Manager, Union Angarpathra Colliery, P.O.Sijua, Distt.Dhanbad on or before 21.06.1968. The petitioner who appears in person, claims that pursuant to the said offer of appointment, he had joined the services at the above colliery on 20.06.1968 and had continued to work there till 15.06.1969. After he had completed his period of probation in UCCL on 20.12.1968, he was allotted an account bearing no. D/469610 in accordance with the CMPF Act and a deduction from his monthly salary was continuously made by the employer/UCCL but no details thereof were provided to him. The petitioner, however, resigned from UCCL on 15.06.1969 and joined the National Council for Safety in Mines, Dhanbad (hereinafter referred to as "NCS") on 16.06.1969.

(3.) It is the petitioner's case that while he was working with the NCS, respondent no.3/Commissioner, CMPF who was enjoined with the statutory duty to ensure compliance of the provisions of the CMPF Act, on learning that no contributions in respect of the petitioner had been received in his office, vide his letter dated 05.04.1971 directed the Manager of Union Angarpathra Colliery, P.O.Sijua, Distt. Dhanbad to deposit the requisite amounts and also give information regarding the date of the petitioner's appointment and termination alongwith reasons for termination.