The General Manager vs Smt. Kanchan Devi
2022 Latest Caselaw 4390 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   W.P.(L) No.2353 of 2019
                                          ....

The General Manager, Sinidih Workshop, Sinidih (Excavation), M/s Bharat Coking Coal Limited .... Petitioner Versus Smt. Kanchan Devi .... Respondent ....

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner : Mr. A.K.Mehta, Adv.

Mr. Atul Rai, Adv.

Mr. Mohit Mukul, Adv.

For the Respondent : Mr. Lukesh Kumar, Adv.

....

14/03.11.2022 Heard learned counsel for the petitioner and learned counsel for the respondent.

The present writ petition has been filed for quashing the judgment dated 29.08.2018 passed by the learned Presiding Officer, Labour Court, Dhanbad in M.J. Case No.14 of 2015 whereby the monetary compensation in terms of Clause 9.5.0 of N.C.W.A. has been awarded from 08.06.2005 i.e. from the date of death of the employee.

The present writ petition has been filed challenging the same on the ground that it should be from the date of application not from the date of death. For this purpose, reliance has been placed on the judgment passed by the Division Bench of this Court dated 02.01.2013 in L.P.A. No.234 of 2012.

On the other hand, learned counsel appearing on behalf of the widow of the workman has supported the Award and has relied upon the judgment passed by the Division Bench dated 07.07.2020 in L.P.A. No.657 of 2018 wherein after framing the issue, it has been held and the issue has been settled that the widow of the workman is entitled for monetary compensation from the death of her husband as per the terms of the N.C.W.A.

Since the matter has already been settled vide order dated 07.07.2020 passed in L.P.A. No.657 of 2018, the issue raised in the present writ petition is no more res integra.

Accordingly, this Court finds no merit in the present writ petition and the same is, hereby, dismissed.

In view of disposal of the main case, I.A. No.7074 of 2019 stands disposed of.

(Rajesh Kumar, J.) Shahid/