IN THE HIGH COURT OFJHARKHAND AT RANCHI

L. P. A. No. 526 of 2017

Coal Mines Provident Fund, Region-I, Police Line,

Post Office & Police Station-Hirapur, District-Dhanbad through

Regional Commissioner

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Appellant

Versus

1. Vinay Kumar Sahay

2. The Bharat Cocking Coal Limited through its

Chief Managing Director, Koyla Bhawan,

Saraidhela, P.O.& P.S.- Saraidhela, District-Dhanbad

3. The Director, Personnel, Bharat Cocking Coal Limited, Koyla

Bhawan, Saraidhela, P.O.& P.S.- Saraidhela, District-Dhanbad

4. The Central Coal Field Limited through its Chief Managing

Director, Darbhanga House, Ranchi

5. The Director, Personnel, Central Coal Field Limited through

Its Chief Managing Director, Darbhanga House, Ranchi---

Respondents

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CORAM: Hon’ble The Chief Justice

Hon’ble Mr. Justice Aparesh Kumar Singh

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For the Appellant

: Mr. Prashant Vidyarthi, Advocate

For the Respondent no. 1 : M/s. Sameer Saurabgh, Vishal Kumar, Advs.

For the Respondent-BCCL:

Mr. Amit Kumar Das, Advocate

For the Respondent-CCL :

Mr. Amit Kumar Sinha, Adv

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Order No. 11/ Dated 30^th August, 2018

The appeal is against, in substance, an order of imposition of penal cost

of Rs. 1 Lakh mainly for default in payment of provident fund dues of the writ

petitioner. The appellant before us is the Provident Fund Organization. Such

costs have been imposed in exercise of discretionary power by the learned First

Court and we do not find any error in exercise of such discretion. In our opinion,

such costs have been imposed upon proper appreciation of the factual

background of the case as also its legal basis. We are apprised that Provident

Fund Authorities have already deposited Rs. 1 Lakh pursuant to the direction of

this Court on 9^th April, 2018. We enquired from the writ petitioner as to whether

he was agreeable to remit half of the amount imposed as costs for Flood Relief

to Kerela and learned Advocate appearing for the writ petitioner agreed to such

proposal. This Court appreciates the stand taken by the writ petitioner in

foregoing part of the costs awarded in his favour.

In such circumstances, we direct the sum of Rs. 50,000/- (Fifty

Thousand) to be paid to the writ petitioner and Rs. 50,000/- (Fifty Thousand) to

be remitted to the Account of Chief Minister Distress Relief Fund, bearing

2.

Account No. 67319948232 for Kerela Flood Relief. We are informed by the

learned counsel appearing for the two Coal Companies that their clients have

deposited Rs. 33,000/- each. Let the costs of Rs. 1 Lakh be equally shared by

the Provident Fund Organization, Bharat Cocking Coal Ltd. and Central

Coalfield Limited and the obligation of each of these three respondents shall be

Rs.33,333/-. Rest of the amount deposited shall be refunded to the Provident

Fund Authorities. Such refund and remittance shall take place within a period

of 15 days.

Accordingly, the appeal stands disposed of in the above terms.

(Aniruddha Bose, C.J.)

(Aparesh Kumar Singh, J)

jk/shamim