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2026 DAILYLAW 5207 (CHH)

SMT. SUSHILA NAIK v. SOUTH EASTERN COALFIELDS LIMITED

WPS/1726/2026 · 2026-02-12

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:8156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1726 of 2026 1 - Smt. Sushila Naik W/o Late Banshi Nayak Aged About 57 Years R/o Ward No. 06, Purvi Nepal Gate, Charcha, P.S. Charcha, Tahsil Baikunthpur Distt. Koria (C.G.) ... Petitioner Versus 1 - South Eastern Coalfields Limited Through Director, Head Office Seepat Road, Bilaspur Distt. Bilaspur (C.G.) 2 - Director Personal S.E.C.L. Head Quarter, Seepat Road, Bilaspur, Distt. Bilaspur (C.G.) 3 - Chief General Manager Secl, Baikunthpur Area, Baikunthpur, Distt. Korea (C.G.) 4 - Area Personnel Manager Secl, Baikunthpur Area, Baikunthpur, Distt. Korea (C.G.) 5 - Sub- Area Manager Secl, Charcha Mine (Ro), Charcha Colliery, Charcha, Distt. Korea (C.G.) 6 - Dy. Personnel Manager Secl, Charcha Mine (Ro), Charcha Colliery, Charcha, Distt. Korea (C.G.) 7 - Regional Commissioner Coal Mines Provident Fund, (Cmpf) S.E.C.L. Seepat Road, Bilaspur Distt. Bilaspur (C.G.) 8 - The Controlling Authority Cum Regional Labour Commissioner (Central) Under The Payment Of Gratuity Act, Bilaspur Distt Bilaspur (C.G.) ... Respondents For Petitioner : Mr. B.L. Dembra, Advocate 2 For Respondents No. 1 to 6 : Mr. Rahul Mishra, Advocate For Respondent No. 7 : Mr. Rajkumar Mishra, Advocate For Respondent No. 8 : Mr. Niraj Baghel, Advocate on behalf of Mr. Ramakant Mishra, Dy. Solicitor General SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 13/02 /2026 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate decision, directing the respondent authorities i.e. Respondent No. 8 to release the amount of Gratuity of Rs. 1,71,000/- within stipulated time as this Hon’ble Court deems fit. 10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate direction, directing the respondent authorities to take decision on the representations made by the petitioner on its own merits instead of keeping pending for such a long period. 10.3 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed.” 2. At the outset, learned counsel for the petitioner submits that at this stage, he is not seeking any relief with regard to the gratuity as the appropriate application is filed before the competent authority. He however submits that the grievance of the petitioner is with regard to the other death-cum- retiral dues for which, the petitioner and the other claimants claiming themselves to be the family member of the deceased employee is concerned are entitled for. In an application of the petitioner, Succession Certificate has been issued in Succession Case No. 03/2022 vide order dated 16.12.2024. Petitioner have submitted an application before the Respondents No. 1 to 6, however, till date, no decision has been taken and therefore, direction be issued to the concerned respondents to take decision on the pending representation at the earliest. 3. On the other hand, Learned counsel for the Respondents No. 1 to 6 would submit that as petitioner is not pressing this writ petition on merits 3 and is only seeking a direction to the respondents to take decision on the representation, he is having no objection to the limited prayer. If the representation is pending consideration, it will be considered and decided in accordance with law. 4. On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner, without observing on merits of the claim of petitioner, this writ petition at this stage is disposed of directing the concerned respondents to consider and take decision on the representation dated 09.01.2026 submitted by the petitioner on its own merits in accordance with law, expeditiously, preferably within a period of 02 months from the date of receipt of representation, upon verifying of facts. 5. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.02.24 15:02:24 +0530