[Cites 1, Cited by 0]
Calcutta High Court
Smt. Trisha Mukherjee vs M/S. Eastern Coal Fields Limited & Ors on 17 March, 2026
Author: Amrita Sinha
Bench: Amrita Sinha
OD-2 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/238/2025
SMT. TRISHA MUKHERJEE
VS
M/S. EASTERN COAL FIELDS LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date: 17th March, 2026.
Appearance:
Mr. Partha Ghosh, Adv.
Mr. Amal Kumar Dutta, Adv.
Mr. Debashis Das, Adv.
Mr. Bratin Suin, Adv.
...for Petitioner.
Mr. Anup Kanti Poddar, Adv.
Ms. Anjali Shaw, Adv.
...for Respondents.
1. Heard submissions made on behalf of the petitioner and the Eastern
Coalfields Limited.
2. The petitioner's mother was serving in the Eastern Coalfields Limited.
She died in harness in the year 1995 when the petitioner was a minor.
The petitioner seeks monetary compensation.
3. The authority rejected her prayer for grant of monetary compensation on
the ground that monetary compensation is given to the female spouse of
deceased employee in lieu of her employmenton request of the female
spouse concerned.
4. Learned advocate for the petitioner has placed the relevant provision of
NCWA relating to payment of monetary compensation to female
dependants. The expression 'dependant' includes unmarried daughter
residing with the deceased and almost wholly dependent on the earnings
of the deceased.
5. NCWA also makes it clear that in case of death caused other than mine
accident and medical unfitness under Clause 9.4.0, if the female
dependent is below the age of 45 years she will have the option either to
accept monetary compensation of Rs.3,000/- [Rupees three thousand
only] per month or employment. If the female dependent is above 45
years of age she will be entitled to only monetary compensation and not
employment.
6. In the instant case, the petitioner is well below the age of 45 years. She is
agreeable to either accept employment or receive monetary
compensation.
7. Learned advocate representing the Eastern Coalfields Limited has relied
upon the report filed by the authority and submits that the petitioner has
been declared as dependent of her father, who is also employed with the
Eastern Coalfields Limited. It has been submitted that if the petitioner
seeks monetary compensation, then her name has to be deleted from the
list of dependent of her father.
8. On a query from the Court as regards the dependency certificate of the
deceased mother of the petitioner, learned Counsel for the Eastern
Coalfields Limited is unable to provide any answer. It has been submitted
that the said document is not readily available.
9. From the documents annexed to the writ petition there is nothing to
suggest that the petitioner was not dependent upon her mother and is
only dependent upon her father. It is not necessary that a child has to be
dependent only upon one of the parents and not both.
10. The Hon'ble Division Bench of this Court in the matter of Sukumoni
Hembram Vs. Union of India & Others reported in 2024 SCC OnLine
Cal 7361 considered the aforesaid issue and passed direction upon the
employer to provide compassionate appointment.
11. Learned advocate representing the Eastern Coalfields Limited is
directed to revert with further necessary instruction.
12. Relist the matter for further consideration on 31st March, 2026.
13. Let the dependency certificate of the deceased mother of the petitioner
be produced before this Court on the adjourned date.
14. Parties to act on the basis of the server copy of this order duly
downloaded from the official website of this Court.
(AMRITA SINHA, J.)
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