Calcutta High Court
Bodi Mejhain vs M/S. Eastern Coal Fields Ltd And Ors on 17 February, 2023
OD-3
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/3354/2022
BODI MEJHAIN
VS
M/S. EASTERN COAL FIELDS LTD AND ORS
BEFORE:
The Hon'ble JUSTICE LAPITA BANERJI
Date : 17th February, 2023
Appearance:
Mr. Partha Ghosh, Adv.
Mr. Amal Kumar Dutta, Adv.
Ms. Simran Sureka, Adv.
Mr. Debashis Das, Adv.
...for the petitioner
Mr. Manik Das, Adv.
...for the Eastern Coalfields Limited
The Court:- Affidavit of service filed in Court today be retained with the
records.
Mr. Ghosh, learned counsel appears on behalf of the petitioner and
submits that petitioner's prayer for Monthly Monetary Cash Compensation
(MMCC) has been wrongfully rejected by the impugned order dated 16/17 April,
2021 by the General Manage/respondent no. 5.
The petitioner's husband was an employee of Eastern Coalfields Limited (ECL). He died in harness on November 4, 1993. By an order dated March 15, 2021, passed by a Co-ordinate Bench in WPA/243/2021, the petitioner's prayer of MMCC was directed to be considered by the General Manager. The prayer for MMCC was rejected by the impugned order on the ground that such a provision was only applicable after implementation of National Coal Wage Agreement, that 2 is, NCWA-V dated November 22, 1996. Since the petitioner's husband died in harness before the said date, it was held that the petitioner was not entitled to MMCC.
Mr. Ghosh, learned counsel submits that the petitioner was entitled to MMCC as on November 4, 1993. Her prayer was wrongfully rejected by the respondent No. 5.
Mr. Das, learned counsel appears on behalf of ECL and challenges the entertainability of the writ petition on the Original Side jurisdiction of this Hon'ble Court.
This Court is not inclined to accept the said submission of Mr. Das as this Court is of the view that the entertainability of the writ petition on the Appellate Side or on the Original Side of this Hon'ble Court is a matter of administrative convenience. This Court places reliance on the decision of a Division Bench of this Hon'ble Court being APOT/49/2019 (M/s. Eastern Coalfields Limited & Ors. vs. Premlata Devi & Ors.). This Court is of the view that a writ petition is maintainable whether filed on the Appellate Side or on the Original Side as long as the subject matter is within the jurisdiction of the State.
Mr. Das, prays for time to file a report on affidavit on the issue whether MMCC was payable to the petitioner as on November 4, 1993. Let such report on affidavit be filed by the Senior Manager (P), ECL/respondent no. 6 or any Officer designated/authorized by him by March 17, 2023.
Exception, if any, by March 24, 2023.
Parties are directed to exchange advanced copies of their affidavits. Let the matter appear under the same heading "Court Application" on March 31, 2023.
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All parties are to act on a server copy of downloaded from the official website of this Hon'ble Court.
Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities.
(LAPITA BANERJI, J.) TO