ALIJAN MIAN Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) Learned counsel appearing for the petitioner submitted that the petitioner retired from the services of the respondents with effect from 1st July, 1997, but, the petitioner is not paid pension and the amount towards L.L.T.C. and, therefore, the present petition has been preferred. It is also submitted by learned counsel for the petitioner that contributory amount has been deducted from the salary of the petitioner as stated in the reply to the counter affidavit, filed by the petitioner.

(2.) I have heard learned counsel appearing for respondent no. 4, who has submitted that the petitioner is not a member of the pension scheme and, therefore, pension is not fixed. Nonetheless, at present, open ended scheme is operative and those who have missed the bus and boat, can become the member of the pension scheme, by filling necessary forms and by paying necessary payments, as required per this scheme and this scheme is open upto 4th March, 2010 and if the petitioner fills necessary forms for the membership of the pension scheme, the petitioner's case will be considered for pension immediately, within stipulated time, even though on earlier, he has not opted for pension. Benefit of pension can still be extended to the petitioner.

(3.) I have heard learned counsel appearing for respondent nos. 1 to 3, who has submitted that now the counter affidavit has been filed, wherein, it is stated that the petitioner can collect the amount towards L.L.T.C. from the Pay Office of respondent no. 2, as per para 9 of the counter affidavit, filed by respondent nos. 1 to 3.