Jharkhand High Court
Sadhwa Devi vs Central Coalfields Limited ... on 20 December, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 6894 of 2011
Sadhwa Devi, wife of Late Badku Manjhi, resident of village
Sarubera, P.O. & P.S. Chapri, Dist.-Bokaro
... ... Petitioner
Versus
1. Central Coalfields Limited through it's Chairman cum Managing
Director, Darbhanga House, P.O. and P.S. Kotwali, District Ranchi
2. The Chief General Manager, Dhori area, Central Coalfields
Limited, P.O. and P.S. Dhori, Dist, Bokaro
3. Project Officer, S.D.Q. III, Dhori area, Central Coalfields Limited,
P.O. and P.S. Dhori, Dist, Bokaro
4. Personnel Manager, Dhori area, Central Coalfields Limited, P.O.
and P.S. Dhori, Dist, Bokaro ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Ms. Saman Ahmad, Advocate
For the Respondents : Mr. Chandrajeet Mukherjee, Adv.
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05/20.12.2022
1. Heard the learned counsel for the parties.
2. This writ petition has been filed for the following reliefs: -
"for the issuance of writ of or in the nature of mandamus or
any other appropriate writ, order or direction for payment
of monetary compensation to the petitioner from the date of
death of the husband of the Petitioner who is the wife of
Late Badku Manjhi who died in harness on 28.08.2001, in
terms of para 9:5:0 of National Coal Wage Agreement V:
As also for issuance of further appropriate writ, order or
direction for doing conscionable and equitable justice to the
petitioner."
3. Learned counsel for the petitioner has submitted that the
husband of the petitioner died in harness on 28.08.2001, but in spite of
such death, the petitioner has not been paid the monetary
compensation in terms of clause 9.5.0 of National Coal Wage
Agreement-V. The learned counsel submits that the petitioner is
entitled for monetary compensation in terms of the National Coal
Wage Agreement-V, right from the date of death of her husband.
4. The learned counsel has referred to a judgment passed by the
Hon'ble Divison Bench of this Court in L.P.A. No. 657/2028 and has
referred to paragraph-6 thereof to submit that it has been held that the
monetary compensation is to be paid from the date of death and as per
the conditions stipulated in clause 9.5.0 of N.W.C.A., there is a
condition of entitlement to receive monetary compensation, meaning
thereby, that there is no stipulation made therein that the wife of the
deceased employee will only be entitled to get the monetary
compensation if she files an application for getting such monetary
compensation. She submits that it has also been held that if
entitlement has been made in the agreement, which has got statutory
force, irrespective of the fact that the application has been submitted
or not, the wife of the deceased employee would be entitled to get the
monetary compensation. The learned counsel submits that it is for the
respondents to ensure that the monetary compensation be paid to the
petitioner.
5. Learned counsel appearing on behalf of the respondents has
submitted that the claim of the petitioner for monetary compensation
can be considered by the respondent-authority subject to submission
of an application in appropriate format which provides for furnishing
the required details. The learned counsel has also submitted that it is
not in dispute that if the petitioner is otherwise entitled, the monetary
compensation is payable from the date of death of the deceased
employee. The law laid down by the Hon'ble Division Bench of this
Court in L.P.A. No. 657/2018 is not in dispute from the side of the
respondents also. He submits that the application for monetary
compensation has to be filed before the respondent No. 3 who would
take appropriate steps, so that the order for payment of monetary
compensation is made to the petitioner.
6. After hearing the learned counsel for the parties and
considering the nature of grievance as raised by the petitioner, it is not
in dispute that the wife of an employee of the respondents, who die in
harness, is entitled for monetary compensation in terms of clause 9.5.0
of N.C.W.A. right from the date of death of the employee. Admittedly,
in the present case, no compassionate appointment has been extended
to the petitioner.
7. This Court is of the considered view that in view of the
judgment passed by the Hon'ble Division Bench of this Court in
L.P.A. No. 657/2018, the claim for monetary compensation to the wife
of the deceased employee cannot be denied. The entitlement of
monetary compensation is right from the date of death of the
employee.
8. This writ petition is disposed of enabling the petitioner to
approach the respondent No. 3 by filing a representation along with a
copy of this order, the writ records and supporting documents within a
period of 1 month from today.
9. The respondent No. 3 shall assist the petitioner in filling up the
necessary form for claiming monetary compensation and shall also
take appropriate action, so that the grievance of the petitioner is
ultimately redressed within a period of 2 months from the date of
filing of the representation. If the petitioner is ultimately found
entitled for monetary compensation, the respondent No. 3 shall also
ensure that monetary compensation with all arrears be also paid to the
petitioner within a period of 5 months from the date of the
representation.
10. This writ petition is accordingly disposed of with the aforesaid
observations and directions.
11. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
