Hira Devi vs Central Coalfields Limited & Ors
2024 Latest Caselaw 340 Jhar

Jharkhand High Court

Hira Devi vs Central Coalfields Limited & Ors on 12 January, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           W.P. (S) No. 890 of 2016

     Hira Devi                                    ...     ...            Petitioner
                                 Versus
  Central Coalfields Limited & Ors.         ...     ...           Respondents
                                 ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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  For the Petitioner                  : Mr. Md. Asghar, Advocate
  For the Respondents                 : Mr. D.K. Chakraverty, Advocate
                                 ---
11/12.01.2024

1. Learned counsels for the parties are present.

2. Learned counsel for the petitioner has submitted that the petitioner had moved earlier before this Court in W.P. (S) No. 7831 of 2013. With regard to claim of monetary compensation, this Court observed that from the documents placed on record, there was no such application made by the petitioner at the relevant point of time when her husband died way back on 10.04.1991.

3. The learned counsel submits that pursuant to the order passed by this Court, a representation was filed but the claim with regard to monetary compensation has been rejected vide impugned order dated 09.01.2016 by recording that in NCWA-IV which was applicable at the time of death of the husband of the petitioner, there was no provision for payment of monetary compensation in Central Coalfields Limited. The learned counsel has submitted that the National Coal Wage Agreement is applicable to all the coal companies under Coal India Limited.

4. The learned counsel has produced a copy of the order dated 01.04.2019 passed in W.P. (S) No. 1340 of 2009, wherein Bharat Coking Coal Limited and their authorities were the respondents and has submitted that the monetary compensation was provided in case of death in harness of the employee on 23.03.1989. He submits that the Letters Patent Appeal was filed against that order being L.P.A. No. 281 of 2020, but during the pendency of the said LPA, the order of the writ Court was complied. The learned counsel submits that since NCWA is a provision incorporating beneficial provisions for the employees/family members of the employees, therefore, the impugned order dated 09.05.2016 calls for interference.

5. The learned counsel appearing on behalf of the respondents has submitted that he shall examine the matter and also place on record the various other judgments which have been passed by this Court from time to time in connection with payment of monetary compensation particularly with regard to the time when the husband of the petitioner had expired and be also apprise this Court if any different view taken by any other Bench of this Court.

6. The required affidavit be filed latest by 31.01.2024 annexing a copy of the various orders.

7. Post this case on 02.02.2024.

(Anubha Rawat Choudhary, J.) Mukul