Shushma Kumari vs Central Coalfields Ltd
2023 Latest Caselaw 1818 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cont. Case (Civil) No. 456 of 2022
          Shushma Kumari                              ...   ...     ...   Petitioner
                                           Versus
          1. Central Coalfields Ltd.
          2. P.M. Prasad, Chairman-cum-Managing Director of CCL, Darbhanga House,
             Kutchery Road, Ranchi
          3. Sri Bimlendu Kumar, Managing Director (Administrator) CCL, Lalpur, Ranchi
          4. Sri Malika Arjun, Director (Personnel), CCL, Darbhanga House, Kutchery
             Road, Ranchi
          5. Sri B.K. Singh, General Manager (P& IR), CCL, Darbhanga House, Kutchery
             Road, Ranchi
          6. Sri B.K Sahu, Project Officer, CCL, Kedla Opencast Project, Hazaribagh Area,
             Ramgarh
          7. Sri Nishant Kumar Pramar, Manager (P), CCL, office of Project Officer, Kedla
             Opencast Project, Ramgarh
          8. State of Jharkhand                 ...     ...     ...     Respondents
                                       ---------
          CORAM:            SRI SANJAYA KUMAR MISHRA, C.J.
                                 SRI ANANDA SEN, J.

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For the Petitioner: Mr. Nand Kishore Pd. Sinha, Advocate For the Respondents: Mr. Jai Prakash, AAG-IA M/s. Yogesh Modi, Chaitali C.Sinha, Omiya Anusha & Amitesh Kumar Geasen, AC to AAG-IA For the CCL Mr. Arbind Kumar, Advocate

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08/Dated: 28.04.2023

Having heard, counsel for the complainant and contemnor respondents, we are of the opinion that though the compensation has been paid to the petitioner, the same has not been paid from the date of death of the employee, who died in harness. Either it has been paid from the date of application, we are of the considered opinion that in view of the several judgments of this Court compensation should be calculated from the date of death of the employee died in harness.

In that view of the matter, the contempt application, is hereby, disposed of directing the contemnor to recalculate the money due to the complainant-petitioner from the date of death of the deceased dying in harness i.e 27.10.2008 and pay the same within a period of three months. Failure of complying this order, will invite contempt.

(Sanjaya Kumar Mishra, C.J.)

(Ananda Sen, J.) Anjali/