Smt. Suman Wd/O Namdeo Waghmare ... vs The Superintendent Of Mines And ...
2022 Latest Caselaw 12684 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR

                       WRIT PETITION NO. 8110 OF 2018
 (Smt. Suman Namdeo Waghmare & Anr. V/s The Superintendent of Mines and Mine Manager, WCL)


Office   Notes,    Office                    Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Registrar's orders


                            Mr. D. S. Thakur, Advocate for Petitioners.
                            Mr. O. A. Ghare, Advocate h/f Mr. A. M. Ghare,
                            Advocate for Respondent.
                                             ---------

             CORAM          : A. S. CHANDURKAR AND ANIL L. PANSARE, JJ.

             DATE           : DECEMBER 6, 2022.

             .              Heard.

2. One of the questions that arises for consideration is for securing benefit under clause - 9.3.4 of the National Coal Wage Agreements, whether the date of death of the employee is to be taken into consideration while granting benefit under the said clause or whether the rights could be determined on the date when application is made by the dependents for seeking such benefit.

3. The Petitioners' father expired on 13/4/2015. The Petitioner No.2 made an application for grant of employment 2/2 21.wp.8110.2018.odt

on 24/1/2016, on which date he had crossed the age of 35 years. If the date of death is considered to be relevant, the Petitioner No.2 was below 35 years on that date. The Respondent seeks to rely upon the communication dated 25/7/2003 issued by the Coal India Limited to all its subsidiaries to consider the date of application as the relevant date for grant of employment.

4. The learned Counsel for the Petitioners relies upon the Judgment of the Calcutta High Court in MAT No.1013 of 2015 with CAN No. 6592 of 2015 (M/s Eastern Coalfields Ltd. V/s Dewanti Kumari & Ors.) decided on 12/4/2016 to urge that the said communication does not deserve acceptance.

5. The learned Counsel for the Respondents seeks time to take further steps in the matter. Time granted.

6. Stand over after three weeks.

(ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.)

Yadav VG

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:06.12.2022 18:14