AJAY HAZAM Vs. CENTRAL COALFIELDS LTD. AND ORS.

JUDGEMENT

(1.) Undoubtedly, the appellant -writ petitioner cannot now ask for compassionate appointment on account of delay and laches on his part, as the father of the appellant died in March, 1978 after he was declared medically unfit by the Medical Board of respondent -CCL in March, 1977 however, so far as, the other dues are concerned, if those are admissible, should flow towards the appellant without any waste of time. The prayer before the Writ Court was also in respect of payment of C.M.P.F., gratuity, arrears, bonus, etc., payable to the father of the appellant. It is well -settled that the employer cannot deny payment of statutory dues such as pension, gratuity etc. on the ground of delay in raising claim for payment. In "S.K. Mastan Bee v/s. General Manager, South Central Railways and another, reported in : (2003) 1 SCC 184 : (2002 AIR SCW 4856), a plea raised by the respondents that a claim for the pension was raised after more than 20 years, has been rejected by the Hon'ble Supreme Court and it has been held that it is an obligation of the employer to calculate and pay the retiral dues of the employee. Denial of pension to the petitioner is violative of Article 21 of the Constitution of India. The Hon'ble Supreme Court has dealt with the issue in the following words;

(2.) Let this aspect be considered by the respondent -CCL within eight weeks only from today and payment of the admissible dues shall be made to the appellant within four weeks thereafter, failing which the appellant shall be at liberty to knock at the door of this Court for initiating contempt proceeding. The appeal on hand stands disposed of accordingly.