1 2025:CGHC:26365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6190 of 2017  Sadhu Ram S/o Mohan, Aged About 34 Years R/o Salihabhata, Police Station Kartala, District Korba Chhattisgarh., Chhattisgarh ... Petitioner(s) versus 1. South Eastern Coalfields Limited Through Its Chairman And Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur Chhattisgarh., Chhattisgarh 2. Chief General Manager South Eastern Coalfields Limited, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3. Sub Area Manager, South Eastern Coalfields Limited, Manikpur Sub Area, Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Yogesh Chandra, Advocate For Respondents : Mr. Atul Kesharwani, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 20-06-2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to make Digitally signed by AJINKYA PANSARE Date: 2025.06.20 17:42:52 +0530 2 payment of gratuity and also the provident fund to the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider the petitioner for compassionate appointment. 10.3 That, the Hon'ble Court may kindly be pleased to grant E any other relief, as it may deem-fit and appropriate. 2) Learned counsel for the petitioner submits that petitioner’s father was appointed in the year 1973 on the post of General Majdoor Category – I and was terminated from service on 17.07.1991. He further submits that though he was eligible for pension, gratuity and provident fund, but these benefits were not paid to the petitioner. He prays for a direction to the respondent authorities to make payment of gratuity and provident fund to petitioner. 3) On the other hand, learned counsel appearing on behalf of respondents/ SECL submits that in the present petition, petitioner has claimed gratuity, provident fund and dependent employment whereas services of petitioner’s father were terminated vide order dated 17.07.1991. He further submits that in respect of gratuity claim, petitioner ought to have approached the Controlling Authority under Payment of Gratuity, Act, 1972 which is the statutory body to grant gratuity. He contends that in respect of provident fund claim, petitioner ought to have approached the authority concerned under CMPF Act i.e. Regional Commissioner, CMPF- Bilaspur for redressal of his grievance. He further contends that instead of availing the statutory alternative remedies 3 available to him, petitioner has directly approached this Court. He argues that as the petitioner’s father was removed from service, therefore, claim for dependent employment cannot be considered. 4) Heard. 5) Taking into consideration the submission made by Mr. Kesharwani and the relief sought by the petitioner, in the opinion of this Court, petitioner is required to approach the Controlling Authority under Payment of Gratuity, Act, 1972 and Regional Commissioner, CMPF- Bilaspur for redressal of grievances regarding gratuity and PF respectively. With regard to claim of dependent employment, as the petitioner’s father was removed from service, no direction can be issued. 6) With the aforesaid observation(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya