BHARAT COKING COAL LIMITED Vs. BAIJNATH SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Appellant, Bharat Coking Coal Limited (hereinafter referred to as 'BCCL') has challenged the impugned judgment dated 16.09.2009, passed by learned Single Judge, whereunder, respondents-BCCL was directed to assess and pay the entire retiral benefits accrued in the account of the petitioner, within a period of three months together with interest @ 6% per annum from the date it was payable to the petitioner till it was finally paid. Furthermore, the respondents were directed to consider the petitioner's claim for grant of employment to his dependent son in the light of the petitioner's eligibility under NCWA and also in the light of the appointment letter issued to the petitioner's son earlier.

(3.) Writ petitioner approached this Court, inter alia, pleading that he was initially appointed as a Timber Mistry in Ghanudih Colliery under the BCCL on 12.01.1964. His service record was opened and statement of particulars of his service records containing his name, date of birth, post held, date of appointment, CMPF number and list of dependants were given to him on 10.09.1997, as referred in his service record. On being found medically unfit, he was separated from service and in the year 1993, he was asked by this employer-BCCL to collect his gratuity and CMPF dues. After his separation from service, he sought employment of his dependant son, namely, Vijay Kumar Singh, in terms of clause-10.4.3 of the National Coal Wage Agreement-II (NCWA-II). Respondents-BCCL offered appointment to his son as a Piece Rated Employee, vide letter dated 04.01.1995, but, he was refused joining. Petitioner was later on informed that his retiral benefits have been withheld on account of the detection of a difference in the name of his father on the ground of some dispute regarding his parentage and identity and the matter is pending enquiry.