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Calcutta High Court
M/S. Eastern Coalfields Limited vs Kali Dhangar And Ors on 11 December, 2025
OD-3-4
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
APOT/261/2025
WITH WPO/1214/2024
IA NO: GA/2/2025
M/S. EASTERN COALFIELDS LIMITED
VS
KALI DHANGAR AND ORS.
WITH
APOT/266/2025
IA NO: GA/1/2025
KALI DHANGAR
VS
EASTERN COALFIELDS LIMITED AND ORS
BEFORE:
THE HON'BLE JUSTICE MADHURESH PRASAD
AND
THE HON'BLE JUSTICE PRASENJIT BISWAS
Date: 11th December, 2025.
APPEARANCE:
Mr. Manik Das, Adv.
... for the ECL
Mr. Partha Ghosh, Adv.
Mr. Amal Kumar Datta, Adv.
Mr. Debashis Das, Adv.
Mr. Bratin Guin, Adv.
...for Respondents
In Re: APOT/266/2025; IA GA/1/2025
1. The Court: - There is a delay of 29 days in preferring this intra-court
appeal.
2. The reasons have been stated satisfactorily in the application.
3. We, therefore, allow the application for condonation of delay.
4. The application is disposed of.
5. The issue for consideration is whether the Hon'ble Single Judge's order, in
so far as benefits under MMCC from the date of death are concerned, is
sustainable.
6. The learned Advocate for the ECL has submitted that the sequence of facts
reveals that the wife of the deceased did not pursue her claim immediately
upon demise of the deceased on 06.02.2017. She wanted an employment
for her elder son. The authorities proceeded for processing the claim of the
elder son and because of non-action on the part of the elder son, the
process could not crystallize. Thereafter, the elder son, unfortunately,
passed away. The mother (wife of the deceased) made an application for
appointment of her younger son by giving an intimation regarding demise
of the elder son on 09.12.2021. The younger son, however, has applied for
the same benefit on 11.05.2023.
7. The authorities wanted to process the claim for which they wrote letters
up to August, 2024.
8. Thereafter, the mother has made a claim for grant of benefits of MMCC.
The grant of benefits of MMCC can only be had in lieu of an appointment.
Since the mother at the very inception had relinquished her claim in
favour of her elder son which was revived subsequently by making of an
application by her on 23rd August, 2024, the authorities, thereafter, have
granted the benefits of MMCC with effect from one month after the
application as contemplated in National Coal Wage Agreement.
9. It is submitted that the order of the Hon'ble Single Judge directing in
calculation for payment of benefits of MMCC with effect from the date of
death of the employee is unsustainable. Since after 2017, the wife raised
claim for the first time in 2024, for such lapse, the ECL cannot be held
liable.
10. The learned Advocate for the respondent on the other hand relying on the
decision of the Hon'ble Single Bench being WPO 33 of 2025 in the case of
Maya Bouri Vs. Eastern Coalfield Limited and others submits that the
petitioner's case on facts is similar to the case of Maya Bouri wherein the
Hon'ble Single Judge has granted the benefits with effect from the date of
death of the employee deceased.
11. He submits that the same issue was unsuccessfully canvassed before the
Hon'ble Single Judge in case of Maya Bouri. The respondent who is
appellant in APOT 266 of 2025 would be claiming the relief of interest
also, on the payments to be received by the appellant herein with effect
from the date of death of demise of the husband.
12. A vital issue of fact which arises is whether the judgment in the case of
Maya Bouri has been implemented by the ECL.
13. We allow the learned Advocate for the ECL to seek instruction in this
regard and give intimation to the Court.
14. An issue is raised in APOT 266 of 2025 that the ECL has not given effect
to their own decision of making payment of the MMCC benefits with effect
from a date within a month after the application.
15. The learned Advocate for the ECL submits that the amount admissible
would be paid subject to any formalities that may be required to be done.
We expect that at least admissible payment should be made before the
matter is next taken up, without prejudice to the rights and contentions of
the parties.
16. As jointly prayed for, let both the matters be listed on 9 th January, 2026.
(MADHURESH PRASAD, J.)
(PRASENJIT BISWAS, J.)
S.Seal
