Calcutta High Court
Sundari Mahali vs M/S.Eastern Coal Fields Limited And Ors on 17 June, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
OD-2
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/75/2025
SUNDARI MAHALI
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 respondents.
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.
The petitioner is the widow of one Malinda Mahali, since deceased, who
was an employee of the Coal Company. The deceased employee has suffered
an untimely death during his employment tenure on April 04, 2012. The
death Certificate is Annexure P-1 at page 31 to the writ petition.
After the death of the employee, the son of the petitioner, had applied for
compassionate employment and compensation under the relevant Coal
Agreement (NCWA) Scheme. No step was taken on the application submitted
by the son. Subsequently, the son died on March 03, 2015. The Death
Certificate is Annexure P-6 at page 44 to the writ petition.
Then the petitioner applied for monetary compensation under said NCWA
Scheme on June 14, 2016, Annexure P-6 at page 43 to the writ petition. The
same is still pending for consideration before the Coal Company. At this
juncture, the instant writ petition has been filed on or about January 28, 2025.
The principal relief claimed by the petitioner would appear from prayer (b) to
the writ petition claiming monetary compensation only in terms of the said
NCWA Scheme.
Mr. Panda, learned Counsel appearing for the petitioner, on instruction
from his client, submits that the petitioner's prayer today before this Court is
only restricted to such monetary compensation with interest and nothing more
than that.
Mr. Panda relying upon a decision of this Court dated May 20, 2025 In
the matter of : Maya Bouri vs. M/s. Eastern Coalfields Ltd. & Ors. rendered
in WPO/33/2025 submits that, law is now well-settled that it is the obligation
of the Coal Company to pay monetary compensation payable to the petitioner
in accordance with law.
This Court has been informed that till date no appeal has been preferred
from the said judgment of this Court dated May 20, 2025.
The document at page 43 to the writ petition shows that the monetary
compensation application was filed by the petitioner on June 14, 2016 and,
thereafter, the same was pursued by the petitioner by submitting another
application dated December 25, 2024 Annexure P-7 at page 45 to the writ
petition. In between eight years had passed and the petitioner chose not to
take any step whatsoever. Thereafter, in 2025 the instant writ petition has
been filed which is also after eight years from the said application dated June
14, 2016.
While considering the prayer for grant of interest, this Constitutional
Court in exercise of its equitable jurisdiction must also take these facts into
account.
To grant or not to grant interest, unless specifically agreed by and
between the parties or provided under the statute or in law, the same is the
discretion of the Court. This Constitutional Court, while exercising its plenary
power under Article 226 of the Constitution of India, also exercises equitable
jurisdiction.
In view of the facts already narrated above, this Court rejects the prayer
for interest.
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.
With the above observation and direction, this writ petition
WPO/75/2025 stands allowed, without any order as to costs.
(ANIRUDDHA ROY, J.)
spal
