Sudha Kumar Paswan vs The Chairman Cum Managing ...
2023 Latest Caselaw 637 Cal

 16     19.01
Ct No
 21
        2023                     W.P.A. 24806 of 2022
AGM

                            Sudha Kumar Paswan
                                       Vs
                  The Chairman cum Managing Director, Eastern
                            CoalfieldsLimited & Ors

                Ms. Ananya Neogi,
                                              ... For the Petitioner.

                Mr. Manik Das,
                                              ... For the respondents.

Ms. Ananya Neogi, learned counsel appearing on

behalf of the petitioner places reliance on a Division

Bench judgment of the High Court of Chhattisgarh,

Bilaspur in Writ Petition (S) No. 4712 of 2018 (Mamni

Pradhan & Ors -Vs- South Eastern Coalfields Ltd &

Ors) in support of her contention that the female

dependents who are minors on the date of death of the

deceased employees/their predecessor-of-interest should

also be considered for employment and their names

should also be kept on the live roster at par with the male

dependents. She submits that there should not be any

discrimination between the female and male dependents

of the deceased employee in terms of Clause 9.5.0 of

NCWA (National Coal Wage Agreement).

Mr. Manik Das, learned counsel appearing on

behalf of the Eastern Coalfields Limited (in short ECL)

strongly opposes her contention. He submits that the

issue has been squarely settled by the Division Bench

judgment of this Hon'ble Court relying upon the Full

Bench Judgement of Putul Rabidas Vs. Eastern

Coalfields Limited & Ors reported in 2019 (2) CHN 662.

Since the issue is pending adjudication before the

Hon'ble Apex Court, this Court directs the writ petition

being WPA 24806 of 2022 to go out of list with liberty to

mention.

All parties are directed to act on the server copy of

this order downloaded from the official website of this

Hon'ble Court.

( Lapita Banerji, J.)