Bhari Bouri @ Bauri vs M/S. Eastern Coal Fields Limited And Ors
2025 Latest Caselaw 1535 Cal/2

Calcutta High Court

Bhari Bouri @ Bauri vs M/S. Eastern Coal Fields Limited And Ors on 19 August, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

Form No. J(2)


                       IN THE HIGH COURT AT CALCUTTA
                      CONSTITUTIONAL WRIT JURISDICTION
                                ORIGINAL SIDE

                                   WPO/804/2023

                              BHARI BOURI @ BAURI.
                                    VERSUS
                   M/S. EASTERN COAL FIELDS LIMITED AND ORS.


PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY


 For the petitioners       :       :Mr. Partha Ghosh, Advocate
                                   Mr. Amal K. Datta, Advocate
                                   Mr. Debashis Das, Advocate
                                   Mr. Bratin Suin, Advocate


 For the respondent                :Mr. Manik Das, Advocate




Heard on : August 19, 2025.

Judgment on : August 19, 2025.


ANIRUDDHA ROY,J. :

1. The petitioner is the widow of the concerned employee namely

Lakhiram Bouri, since deceased, who suffered an untimely death on

August 2, 1996 during his employment. Pursuant to the prevailing

National Coal Wage Agreement, the petitioner claims monetary benefit

- MMCC.

2. By the impugned order dated May 28, 2021 Annexure P-10 at page

42 to the writ petition, the MMCC benefit was granted and directed to

be paid to the petitioner with immediate effect till the petitioner

attains the age of 60 years/death, whichever is earlier.

3. The law is now well settled In the matter of : Maya Bouri vs. M/s.

Eastern Coalfields Ltd. & Ors. rendered in WPO/33/2025 under

the judgment dated May 20, 2025 that the relevant date of

commencement of such benefit shall be the Date of Death of the

employee concerned.

4. Accordingly, the findings in the impugned order with regard to the

date of commencement of payment as mentioned therein stand set

aside and quashed.

5. After considering the submissions made on behalf of the parties and

upon perusal of the materials on record and in view of the

discussions and reasons recorded In the matter of : Maya Bouri

(Supra), the appropriate authority of the respondents is directed to

quantify the monetary compensation payable to the petitioner strictly

in accordance with law and upon compliance of all formalities and

legal requirements and also upon furnishing required documents and

records by the petitioner, shall release and pay the monetary

compensation to the petitioner positively within a period of Three

Months from the date of communication of this order. The relevant

date for the purpose of quantifying the compensation should be Date

of Death of the employee concerned.

6. With the above observation and direction, this writ petition

WPO/804/2023 stands allowed, without any order as to costs.

(ANIRUDDHA ROY, J.)

dg)