Kumari Rina Pashi @ Rina Pasi vs The Coal India & Ors
2021 Latest Caselaw 1349 Cal

11.02.2021.
Item no. 28.
Court No.13
   ap
                                 W.P.A. No. 3007 of 2021
                               (Through Video Conference)

                          Kumari Rina Pashi @ Rina Pasi
                                     Versus
                             The Coal India & Ors.

                     Mr. Sujoy Chakraborty,
                     Ms. Shashwati Bhattacharjee.
                                                ...For the petitioner.

                     Mr. Shiv Shankar Banerjee,
                     Ms. Sanchita Barman Roy.
                                    ...For the respondent nos.3 to 5.

Affidavit-of-service filed in Court today by the

Counsel for the petitioner be taken on record.

The petitioner is aggrieved by an order dated

15th January, 2020 passed by the Eastern Coalfields

Limited.

By the impugned order, a request for

compassionate employment made by the petitioner in

place and stead of her mother, who died-in-harness,

was rejected.

The principal ground for rejection is that the

married daughters cannot claim compassionate

employment in terms of Clause 9.3.3 of National Coal

Wages Agreement-VI.

The impugned order may not have considered

the provisions of the National Coal Wages Agreement-

VI since the married daughters are also eligible for

compassionate employment subject to fulfillment of

certain criteria.

The right of married daughter has been dealt

with in a Division Bench judgment of this Court in the

case of The State of West Bengal - Vs. - Purnima

Das decided on 13th September, 2017 passed in F.M.A.

No. 1277 of 2016, reported in 2017(4) CHN 362.

The other decisions of other High Courts also

referred to by the Counsel for the petitioner.

It, therefore, appears to this Court that the

impugned order cannot be sustained. The Eastern

Coalfields Limited shall consider and apply the criteria

laid down in the aforesaid Purnima Das decision

(supra) and take a suitable decision on the claims for

compassionate employment made by the petitioner in

accordance with law within a period of two months

from the date of communication of a copy of this order.

The Eastern Coalfields Limited shall be entitled

to call for further documents from the writ petitioner

for the aforesaid purpose.

In the event, the Eastern Coalfields Limited

conducts any independent enquiry, a copy of such

report shall be furnished to the writ petitioner, to

enable her to make submissions thereon.

The petitioner may make a representation

against any new finding of the Eastern Coalfields

Limited and the respondent no.4 on behalf of the

Eastern Coalfields Limited shall pass appropriate

orders as indicated hereinabove.

The submissions and/or representation by the

writ petitioner against any findings prior to passing of

the final order shall be made in writing only.

With the aforesaid directions, the instant writ

application shall stand allowed and disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of

this order on usual undertakings.

(Rajasekhar Mantha, J.)