Sangita Mukherjee vs M/S. Eastern Coal Fields Limited & ...
2022 Latest Caselaw 2353 Cal

    12
26.04.2022

Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

WPA 5984 of 2022

Sangita Mukherjee Vs.

M/s. Eastern Coal Fields Limited & Ors.

Mr. Partha Ghosh Mr. Amal Kumar Datta Ms. Ria Paul Mr. Debashis Das ... For the petitioner

Mr. Syed Nurul Arefin Mr. Rahul Singh ... For ECL

The petitioner's father was an employee of Eastern

Coalfields Limited (in short "ECL") who died-in-harness on

3rd May, 2021. The petitioner claims to be the divorced

daughter of the deceased employee. The petitioner in her

representation, which is annexed to the writ petition, has

categorically stated that she was married to one Atanu

Bhattacharjee but such marriage was dissolved by a decree

of divorce dated 15th March, 2018 passed by the Additional

District Judge, 2nd Court, Asansol. The petitioner as a

divorced daughter of the deceased employee has claimed

for compassionate employment under Chapter IX of the

National Coal Wage Agreement (in short "NCWA"). The

petitioner says that her claim has been rejected by ECL by

an order dated 9th March, 2022 only on the ground that as

a divorced daughter, the petitioner does not come under

the purview of "dependant" as specified in NCWA.

The petitioner says that this question as to whether

a divorced daughter is a dependant of an employee of ECL

has been answered by the Special Bench of this Court by a

judgment and order dated 13th September, 2017 passed in

FMA 4401 of 2016 (Putul Rabidas v. Eastern Coalfields Ltd.

& Ors.) with FMA 4403 of 2016 (Sefali Banerjee v. Union of

India & Ors.) where it has been held that a divorced

daughter is a "dependant" under the provisions of clause

9.3.3 of NCWA.

On behalf of ECL, it is submitted that under clause

9.3.3 of the NCWA, only unmarried daughter are included

as "dependant". The petitioner, being a married daughter,

even after the divorce, is not entitled to be given

compassionate employment under the provisions of clause

9.3.3 and clause 9.5.0 of the NCWA. This argument may

not be available to ECL as the Special Bench judgment took

into consideration the same provisions of NCWA while

delivering the judgment. ECL further submits that there is

gross suppression of material facts. By producing of the

application form dated 16th June, 2021, ECL says that the

petitioner against "marital status" has stated to be

"unmarried". This is, thus, a suppression of material fact

according to ECL. ECL has further relied upon a form

described as "Form PS-3" which, according to ECL, was

submitted by the deceased employee on 25th May, 1998.

Relying upon such Form, ECL says that the declaration as

in page 27 of the writ petition was never submitted to ECL.

In the said PS-3 Form, the petitioner's mother, petitioner's

brother and the petitioner have been described as family

comprising of the deceased employee. The date-of-birth of

the petitioner as in the Form PS-3 is 10th February, 1987

which is the same date-of-birth given in page 27 of the writ

petition. ECL has also disputed the genuineness of the

document appearing at pages 26-27.

In the aforesaid facts and circumstances, I direct

ECL to file a report in the form of an affidavit disclosing

their stand as regards the petitioner's claim for

compassionate employment and the documents they intend

to rely upon. Let such report be filed by 13th May, 2022.

Let this matter appear on 18th May, 2022.

(Arindam Mukherjee, J.)