Jharkhand High Court
Central Coafield Limited Through Its ... vs Dibya Jani on 1 July, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
LPA No. 239 of 2024
1.Central Coafield Limited through its Chairman-cum-Managing Director,
Darbhanga House, PO & PS- Kotwali, District-Ranchi, Jharkhand
2. The Director (Personnel), Central Coalfields Limited, Darbhanga House,
PO & PS-Kotwali, District-Ranchi, Jharkhand
3.The General Manager (P&IR), Central Coalfields Limited, Darbhanga
House, PO & PS-Kotwali, District-Ranchi, Jharkhand
4. General Manager, Kathara Area, Central Coalfield Limited, At & PO-
Kathara, PS-Kathara, District-Bokaro, Jharkhand
5. The Project Officer, Swang Washri, Central Coalfield Limited, At & PO-
Swang, PS-Kathara, District-Bokaro, Jharkhand
6. The Assistant Manager (Personnel), Swang Washri, Central Coalfield
Limited, At & PO-Swang, PS-Kathara, District-Bokaro, Jharkhand
......Appellants
Versus
Dibya Jani, aged about 58 years, wife of Robin, r/o Hazari More, Swang
Type Two, Swang Colliery, PO-Swang, PS-Burmu, District-Bokaro,
Jharkhand ... ... Respondent
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellants : Mr. Anoop Kumar Mehta, Advocate
Mr. Manish Kumar, Advocate
For the Respondent : None
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1st July 2024
Per, Shree Chandrashekhar, A.C.J.
The Central Coalfields Limited is aggrieved by the decision
dated 20th June 2022 rendered by the writ Court in W.P(S) No.303 of 2022
whereby monetary compensation to a female dependent of the employee
dying in harness is directed to be paid from the date of death of the
employee.
2. In W.P(S) No.303 of 2022, the writ Court referred to a decision
of this Court in L.P.A No.657 of 2018 titled "Gangia Devi v. BCCL & Ors."
whereunder a Division Bench of this Court held that monetary compensation
on account of the death of the deceased employee shall be paid from the date
of death and formed an opinion that the writ petitioner is entitled for
monetary compensation from the date of death of her husband.
3. This Letters Patent Appeal has been filed beyond 638 days of
limitation for filing an appeal against the order/judgment of a learned Single
Judge of this Court.
4. In this application, the Central Coalfields Limited has stated as
under:
"2. That the present appeal is barred by 640 days.
3. That CCL being a Public Sector, as such the files are required to
move through various departments.
4.That since the Hon'ble High Court relied upon the Judgment
passed in LPA No. 657 of 2018 "Gangia Devi Vs. BCCL & Ors."
before passing the order dated 20.06.2022 in W.P.(S) No. 303 of
2022, the Appellant CCL had to deliberate upon the issue in an
exhaustive manner before taking a decision of challenging the order
in Appeal.
5. That the matter was discussed exhaustively with the Legal
Department and also the panel of advocates of CCL. After discussing
exhaustively, the Management of CCL decided to go for an appeal
against the order dated 20.06.2022 in W.P.(S) No. 303 of 2022.
6. That the Appellant states that they have raised good grounds for
interference by this Hon'ble Court in the Appeal and if the delay in
filing the Appeal is not condoned, the Appellant shall suffer
irreparable loss and injury.
7. That the appellants have not moved before this Hon'ble Court for
the self same relief at any time earlier.
8. That this application is being filed bonafide and in the interest of
justice."
5. Quite apparently, the aforesaid statements made by the Central
Coalfields Limited to demonstrate sufficient cause for condoning the delay
are not satisfactory. This is not for the first time that the State or its
instrumentalities or the Coal Companies have put forth a plea of time
consumed in movement of the files from table to table. However, in view of
the judgment in "Postmaster General v. Living Media India Ltd." (2012) 3
SCC 563 such a plea needs to be rejected summarily and finding no reason
to accept the explanation put forth by the Central Coalfields Limited, I.A
No.4247 of 2024 is dismissed.
6. Consequent upon dismissal of the limitation petition, L.P.A
No.239 of 2024 is dismissed.
7. I.A No.4246 of 2024 for staying the operation of the impugned
order dated 20th June 2022 is also dismissed.
(Shree Chandrashekhar, A.C.J.)
(Navneet Kumar, J.)
Sudhir
NAFR
