UMA PADA REWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER Uma Pada Reward has invoked the extraordinary writ jurisdiction of this Court for issuance of an appropriate writ(s)/order(s) direction(s) for quashment of the order dated 30.5.2007, passed by the Principal Judge, Family Court, Dhanbad in M.P. Case No. 256 of 2006 in a proceeding under Section 125 of the Code of Criminal Procedure, whereby the Deputy Personnel Manager of Baijna Colliery, Mugma Area of M/s. E.C.L., Dhanbad was directed to stop payment of his one -third of the retiral benefits since the petitioner retired on 1.6.2007 as Coal Cutting Machine Mazdoor.

(2.) ACCORDING to the counsel for the petitioner, the provisions of the Coal Mines Gratuity Act and the Coal Mines Provident Fund Act do not permit stoppage of payment of such retiral dues or any part thereof.

(3.) THE petitioner had already appeared in the said proceeding under Section 125 of the Code of Criminal Procedure before the Principal Judge, Family Court, Dhanbad and expressed his readiness and willingness by filing 'show cause' to pay maintenance to his wife -respondent No. 2 at the rate of Rs. 1000/ - per month. It was not the case that the petitioner had refused to pay any amount to his wife -respondent No. 2 as maintenance so as to call for interference of the Principal Judge. Family Court, Dhanbad by recording an order for attachment of the provident fund and gratuity of the petitioner, which was beyond the competence and jurisdiction of the Principal Judge as laid down under Section 7 of the Family Courts Act, 1984.