Calcutta High Court (Appellete Side)
Smt. Chapala Kora vs M/S. Eastern Coal Fields Limited & Ors on 6 July, 2022
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
4 IN THE HIGH COURT AT CALCUTTA
06.07.2022 CONSTITUTIONAL WRIT JURISDICTION
sb
Ct 23 APPELLATE SIDE
WPA 3332 of 2022
Smt. Chapala Kora
Vs.
M/s. Eastern Coal Fields Limited & Ors.
Mr. Partha Ghosh,
.... For the petitioner.
Ms. Priti Banerjee
... For ECL
The petitioner's husband, Sago Kora, while working
with Eastern Coalfields Limited (in short, ECL) died in
harness on 27th April, 2003. The social security benefits
available to the family of Sago Kora, a deceased employee
of ECL is governed by the provisions of National Coal
Wage Agreement (in short, NCWA). At the time of death of
Sago Kora, NCWA-VII was in operation. In Chapter IX of
the said NCWA, it was categorically stated that the
provisions of clauses 9.3.0, 9.4.0 and 9.5.0 of NCWA-VI
will be operative in NCWA-VII till the revised scheme is
jointly prepared keeping in view the various verdicts of the
Hon'ble Supreme Court at the earliest. In Chapter -IX of
NCWA -VI in clause 9.5.0 (iii) it was stated that "if no
employment has been offered and the male dependent of
the concerned worker is 12 years and above in age, he will
be kept on a live roster and would be provided
employment commensurate with his skill and
2
qualifications when he attains the age of 18 years. During
the period the male dependent is on live roster, the female
dependent will be paid monetary compensation as the
rates at paras (i) and (ii) of clause 9.5.0". This provision
became effective from 1st January, 2000.
In the report in form of an affidavit filed on behalf of
the respondent no.1, it is categorically admitted that the
petitioner, being the widow of Sago Kora, submitted a representation seeking for Monthly Monetary Cash Compensation (in short, MMCC) in the year 2004. The petitioner's son as admitted by ECL in the report was 17 years in the month of April, 2003 and at the time when the petitioner applied for MMCC, the said son was 17 years 7 months in age. Although, the petitioner was persuaded by ECL to apply for compassionate employment of the petitioner's son but ECL did not incorporate the name of the said son in a live roster in terms of the provisions of clause 9.5.0 of NCWA-VI which was applicable at that point of time. The proper procedure as per NCWA-VI and VII which should have been adopted by ECL was to include the name of the petitioner's son in a live roster and till he was not given compassionate employment, MMCC should have been paid to the petitioner.
In the instant case, no employment has ever been offered to any of the dependents of the deceased employee. 3 At the time of death of Sago Kora, the age of the petitioner was about 40 years considering the particulars given by ECL in its report that is to say Chapala Kora was 25 years as on 21st August, 1989. The petitioner, being a female dependent was entitled to appointment in terms of Chapter IX of NCWA-VI and VII but ECL did not offer compassionate employment to the petitioner on finding that the petitioner's son was found to be below 18 years. MMCC was also not offered in lieu of employment.
In the aforesaid facts and circumstances, ECL cannot be permitted to pay MMCC to the petitioner from the date of her application made on 11th August, 2019 when admittedly the petitioner had made a representation for MMCC in 2004 and absolved of its obligation cast under NCWA. The law for providing MMCC from the date of death of the employee is now well-settled in terms of the ratio laid down by the Hon'ble Division Bench of this Court in the judgment reported in 2016 (3) WBLR (Cal.) 464 (M/s. Eastern Coalfields Limited vs. Dewanti Kumari & Ors.) as also by the Hon'ble Special Bench in Putul Rabidas vs. Eastern Coalfields Limited and Ors. Reported in 2017 SCC online Cal 13128: 2019 (2) CHN 662 (LB). There has been no change of view till now. The same view has been approved in a very recent judgment delivered by a Division Bench of this Court on 21st April, 2022 in MAT 86 of 2022 with CAN 1 of 2022 (M/s. 4 Eastern Coal Fields Ltd. & Ors. Vs. Smt. Dukhni Bhuiya).
In the light of the discussion as aforesaid, I direct ECL to pay MMCC to the petitioner from 27th April, 2003, being the date of death of Sago Kora, the employee. ECL shall pay the arrears at the prevailing rate from time to time as per NCWA, between 27th April, 2003 and 10th August, 2019 with interest at the rate of 6 per cent per annum within 2 months from date.
Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.
Since ECL is represented by an advocate no further notice or copy of the order is required to be served on ECL. The parties shall act on the basis of a server copy of this order without insisting upon production of a certified copy thereof.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of necessary formalities.
(Arindam Mukherjee, J.)