Smt. Chapala Kora vs M/S. Eastern Coal Fields Limited & ...
2022 Latest Caselaw 4023 Cal

    4                     IN THE HIGH COURT AT CALCUTTA
06.07.2022               CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                         APPELLATE SIDE
                                    WPA 3332 of 2022

                                   Smt. Chapala Kora
                                          Vs.
                         M/s. Eastern Coal Fields Limited & Ors.


                          Mr. Partha Ghosh,
                                           .... For the petitioner.

                          Ms. Priti Banerjee
                                      ... For ECL




                   The petitioner's husband, Sago Kora, while working

             with Eastern Coalfields Limited (in short, ECL) died in

             harness on 27th April, 2003. The social security benefits

             available to the family of Sago Kora, a deceased employee

             of ECL is governed by the provisions of National Coal

             Wage Agreement (in short, NCWA). At the time of death of

             Sago Kora, NCWA-VII was in operation. In Chapter IX of

             the said NCWA, it was categorically stated that the

             provisions of clauses 9.3.0, 9.4.0 and 9.5.0 of NCWA-VI

             will be operative in NCWA-VII till the revised scheme is

             jointly prepared keeping in view the various verdicts of the

             Hon'ble Supreme Court at the earliest. In Chapter -IX of

             NCWA -VI in clause 9.5.0 (iii) it was stated that "if no

             employment has been offered and the male dependent of

             the concerned worker is 12 years and above in age, he will

             be   kept   on   a   live   roster   and   would   be   provided

             employment       commensurate         with   his    skill   and
                                 2




qualifications when he attains the age of 18 years. During

the period the male dependent is on live roster, the female

dependent will be paid monetary compensation as the

rates at paras (i) and (ii) of clause 9.5.0". This provision

became effective from 1st January, 2000.


      In the report in form of an affidavit filed on behalf of

the respondent no.1, it is categorically admitted that the

petitioner, being the widow of Sago Kora, submitted a

representation seeking for Monthly Monetary Cash

Compensation (in short, MMCC) in the year 2004. The

petitioner's son as admitted by ECL in the report was 17

years in the month of April, 2003 and at the time when

the petitioner applied for MMCC, the said son was 17

years 7 months in age. Although, the petitioner was

persuaded by ECL to apply for compassionate employment

of the petitioner's son but ECL did not incorporate the

name of the said son in a live roster in terms of the

provisions of clause 9.5.0 of NCWA-VI which was

applicable at that point of time. The proper procedure as

per NCWA-VI and VII which should have been adopted by

ECL was to include the name of the petitioner's son in a

live roster and till he was not given compassionate

employment, MMCC should have been paid to the

petitioner.

In the instant case, no employment has ever been

offered to any of the dependents of the deceased employee.

At the time of death of Sago Kora, the age of the petitioner

was about 40 years considering the particulars given by

ECL in its report that is to say Chapala Kora was 25 years

as on 21st August, 1989. The petitioner, being a female

dependent was entitled to appointment in terms of

Chapter IX of NCWA-VI and VII but ECL did not offer

compassionate employment to the petitioner on finding

that the petitioner's son was found to be below 18 years.

MMCC was also not offered in lieu of employment.

In the aforesaid facts and circumstances, ECL

cannot be permitted to pay MMCC to the petitioner from

the date of her application made on 11th August, 2019

when admittedly the petitioner had made a representation

for MMCC in 2004 and absolved of its obligation cast

under NCWA. The law for providing MMCC from the date

of death of the employee is now well-settled in terms of the

ratio laid down by the Hon'ble Division Bench of this

Court in the judgment reported in 2016 (3) WBLR (Cal.)

464 (M/s. Eastern Coalfields Limited vs. Dewanti

Kumari & Ors.) as also by the Hon'ble Special Bench in

Putul Rabidas vs. Eastern Coalfields Limited and Ors.

Reported in 2017 SCC online Cal 13128: 2019 (2) CHN

662 (LB). There has been no change of view till now. The

same view has been approved in a very recent judgment

delivered by a Division Bench of this Court on 21st April,

2022 in MAT 86 of 2022 with CAN 1 of 2022 (M/s.

Eastern Coal Fields Ltd. & Ors. Vs. Smt. Dukhni

Bhuiya).

In the light of the discussion as aforesaid, I direct

ECL to pay MMCC to the petitioner from 27th April, 2003,

being the date of death of Sago Kora, the employee. ECL

shall pay the arrears at the prevailing rate from time to

time as per NCWA, between 27th April, 2003 and 10th

August, 2019 with interest at the rate of 6 per cent per

annum within 2 months from date.

Nothing further remains to be adjudicated in this

writ petition. The same is disposed of accordingly without

any order as to costs.

Since ECL is represented by an advocate no further

notice or copy of the order is required to be served on

ECL. The parties shall act on the basis of a server copy of

this order without insisting upon production of a certified

copy thereof.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of

necessary formalities.

(Arindam Mukherjee, J.)