Calcutta High Court
Saira Khatoon vs M/S.Eastern Coal Fields Limited And Ors on 17 June, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
OD-3
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/76/2025
SAIRA KHATOON
VS
M/S.EASTERN COAL FIELDS LIMITED AND ORS.
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : 17th June, 2025
Appearance:
Mr. Subhrangsu Panda, Adv.
Ms. Bratati Pramanick, Adv.
...... for the petitioner.
Mr. Anup Kanti Poddar, Adv.
Ms. Khusboo Ruia, Adv.
Ms. Anjali Shaw, Adv.
...... for respondent nos.1, 2 and 7.
Mr. Sumitava Chakraborty, Adv.
...for the respondent no.9.
The Court: On the prayer of Mr. Anup Kanti Poddar, learned Counsel
appearing for the Coal Company, time to file report by way of affidavit stands
extended till today. The report in the form of affidavit filed today is taken on
record. Copy has been served.
Mr. Subhrangsu Panda, learned Counsel appearing for the petitioner, on
instruction, submits that the petitioner shall not file any exception to the said
report as it is not required. The petitioner shall proceed on the basis of the
existing record.
Mr. Sumitava Chakraborty, learned Counsel appears for the respondent
no.9.
The petitioner is claiming to be the first wife and the respondent no.9 is
claiming to be the second wife of one Jafir Mia, since deceased who was an
employee of the Coal Company.
The deceased employee has suffered an untimely death during his
employment tenure on June 1, 1998. The death certificate is Annexure P-1 at
page 38 of the writ petition. Though the petitioner applied for compassionate
appointment, under the relevant Coal Agreements (NCWA) Scheme but the
compassionate appointment was not granted till date. Both the petitioner and
the respondent no.9 are now above 45 years. Under the said NCWA Scheme,
none of them are now entitled for any compassionate appointment but the
lawful wife is entitled to receive the monetary compensation in terms of the
said Coal Agreement. The issue in this regard on the point of law has already
been settled by this Court in its decision dated May 20, 2025 In the matter of
: Maya Bouri vs. M/s. Eastern Coalfields Ltd. & Ors. rendered in
WPO/33/2025. This Court has been informed that till date no appeal has
been preferred from the said judgment of this Court In the matter of : Maya
Bouri (Supra).
Referring to the documents being Annexure P-10 at pages 49 and 52 to
the writ petition, Mr. Panda, learned Counsel for the petitioner submits that
the respondent no.9 has relinquished her rights in favour of the petitioner
insofar as the monetary compensation is concerned.
Mr. Sumitava Chakraborty, learned Counsel appearing for the
respondent no.9 has also confirmed the said two documents being Annexure
P-10 to the writ petition.
Mr. Poddar, learned Counsel for the Coal Company submits that as per
the certified standing order of the Coal Company the employee concerned was
not permitted to have second wife.
In view of the above, the petitioner shall serve a complete set of copy of
this writ petition along with a copy of today's order upon the respondent no.5.
The respondent no.5 thereafter upon issuing a prior hearing notice of at
least seven days to the petitioner and the respondent no.9 shall decide their
issue only to the extent in whose favour the Coal Company shall disburse and
pay the monetary compensation under the subject NCWA Agreement. The Coal
Company shall be free to take an affidavit of undertaking from the respondent
no.9 that she will have no claim whatsoever in respect of the said monetary
compensation or any part thereof from the Coal Company in any manner.
Upon hearing the petitioner and the respondent no.9, the respondent
no.5 shall disburse the sum in favour of the appropriate person in accordance
with law within a period of eight weeks from the date of communication of
today's order.
In the event, the claims of the petitioner and the respondent no.9 are
rejected by the respondent no.5, then the respondent no.5 shall communicate
the same with a reasoned order to both the petitioner and the respondent no.9
within the said period of eight weeks also.
The petitioner and the respondent no.9 shall be at liberty to attend
hearing before the respondent no.5 along with their duly authorized
representatives. They shall be at liberty to produce the necessary judgments
governing the field before the respondent no.5.
It is needless to mention that the effective date for granting the monetary
compensation shall reckon from the date of death of the deceased employee as
already decided by this Court In the matter of : Maya Bouri (Supra).
With the above observation and direction, this writ petition
WPO/76/2025 stands disposed of, without any order as to costs.
(ANIRUDDHA ROY, J.)
spal
