Supreme Court - Daily Orders
M/S. Eastern Coal Fields Ltd vs Dukhni Bhuiya on 13 October, 2023
Bench: Hima Kohli, Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6730/2023
(@Petition for Special Leave to Appeal (Civil) No.18815 of 2022)
M/S. EASTERN COAL FIELDS LTD & ORS. Appellants
VERSUS
DUKHNI BHUIYA Respondent
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. Having regard to the fact that the respondent had not applied to the appellant- management for seeking monetary compensation upon the demise of her husband (an employee of the appellant-company) who had died in harness on 14 th September, 1999, till as late as in the year 2020, we are of the opinion that the interim order passed by this Court on 14th October, 2022, directing the appellant to pay to the respondent the amount due under Clause 9.5.1(i) of the National Coal Wage Agreement, as amended up to date for the period reckoned backwards for three years prior to the date of the writ petition was filed by the respondent in the High Court, should suffice in the instant case.
4. We have been informed by learned counsel for the parties that the amount due and payable on the period being calculated as directed in the order dated 14 th October, 2022, has already been released by the appellant in favour of the Signature Not Verified respondent.
Digitally signed byPOOJA SHARMA Date: 2023.10.31 17:16:22 IST Reason:
5. In view of the said position, the impugned judgment dated 21 st April, 2022, passed by the Division Bench and the judgment dated 16 th November, 2021, passed by the learned Single Judge are quashed and set aside. It is held that in the peculiar facts of the case where the respondent waited for almost 21 years before approaching the Court by filing the writ petition seeking monetary compensation from the appellant, the amount as directed to be paid by this Court is adequate to meet the ends of justice.
6. The appeal is allowed and disposed of on the aforesaid terms.
………..……………………………………..J. [HIMA KOHLI] ………..……………………………………..J. [PAMIDIGHANTAM SRI NARASIMHA] NEW DELHI;
OCTOBER 13, 2023
ITEM NO.56 COURT NO.14 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) NOS.18815 OF 2022 (Arising out of impugned final judgment and order dated 21-04-2022 in MAT No.86/2022 passed by the High Court at Calcutta) M/S. EASTERN COAL FIELDS LTD & ORS. Appellant(s) VERSUS DUKHNI BHUIYA Respondent(s) (IA No. 147629/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 13-10-2023 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Appellant(s) Mr. K.M. Nataraj, Learned ASG Mr. Parijat Kishore, AOR Mr. Sharad Nair, Adv.
Mr. Atul Dong, Adv.
Mr. Vipul Kumar, Adv.
For Respondent(s) M/S. FM Associates, AOR Ms. Mamta Tiwari, Adv.
Mr. Partha Ghosh, Adv.
Ms. Sangeeta Mandal, Adv.
Ms. Swati Sinha, Adv.
Ms. Taruna Ardhendumauli Prasad, Adv. Mr. Snehasish Mukherjee, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. Application for exemption from filing certified copy of the impugned judgment is allowed.
3. The appeal is allowed and disposed of in terms of the signed order which is placed on the file.
(KAVITA PAHUJA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH)