Calcutta High Court
M/S. Eastern Coalfields Limited vs Smt. Mahangi Bhuiya & Ors on 3 November, 2014
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
Present :
The Hon'ble Justice Banerjee
And
The Hon'ble Justice Ashis Kumar Chakraborty
03.11.2014
APO 418 of 2014
WP 195 of 2013
M/s. Eastern Coalfields Limited
Vs.
Smt. Mahangi Bhuiya & Ors.
Mr. Aloke Banerjee, Advocate with
Mr. Bijoy Kumar, Advocate
Mrs. Sanchita Barman Roy, Advocate for the appellant
Mr. Partha Ghosh, Advocate with
Mr. Shamik Chatterjee, Advocate for the respondents
The Court :- The present case has a distinctive feature. As per the National Coal Wage Agreement if an employee of the Coal Company dies in harness his ward would get compassionate employment. In the present case the concerned employee died on June 6, 1993. The respondent, claiming to be the widow, applied for compassionate appointment that, according to her, was rejected as there was rival claim. The concerned employee was appointed on January 3, 1993 when he nominated some body else as his wife. Subsequently, the name of the respondent was inserted, one day before his death an attempt was made to include his mother's name. Before the same could materialise he died.
2
The respondent again applied in 2013. According to the Coal Company, the application was grossly rejected due to serious doubt with regard to her status.
Mr. Aloke Banerjee, learned counsel appearing for the Coal Company appellant would submit that as per the Coal Wage Agreement when compassionate appointment was not possible the family would be entitled to get compensation to tide over the untimely precarious condition that the family would face. In the instant case there is nothing on record as to whether the respondent contemporaneously applied for the compassionate appointment. She applied in 2013 about 20 years after the death of the concerned employee. Hence her case could not be considered.
Per contra Mr. Partha Ghosh appearing for the respondent would submit that there could no rival claim as the mother of the deceased has since died. Hence the widow of the deceased employee must get adequate compensation in lieu of employment.
Mr. Ghosh would also draw our attention to page 55 of the application for stay wherein the Coal Company wrote to the respondent in 1994 informing her, her claim for employment could not be accepted because of the delay. Pertinent to note, as per the said letter, she applied 11months after the death.
We have considered the rival contention We cannot overlook the fact that the concerned family member of the deceased workmen are illiterate and often become the victim of mis-advice. From page 55 we find, she made one contemporaneous application that the authority rejected in 1994. She waited for 20 long years till 2012.
Mr. Ghosh would claim, monetary compensation should be computed from the date of the death of the concerned employee and not from the date of the making of the application.
We have considered the rival contention. In our view, once the Coal Wage Agreement would provide adequate compensation in lieu of employment the authority must 3 consider the application on merit. It might be, because of rival claim she was not able to apply earlier. Now that the mother in law is no more her entitlement would have no other difficulty. However, the long delay must preclude her to claim compensation from the date of death. We direct the appellant to extend the compensatory benefit from the date of making of the application i.e. September 9, 2012. However, before such monetary claim is extended the authority must satisfy themselves about the genuineness of the person and her claim for the entire compensation . Such payment must be made within a period of eight weeks from the date of communication of this order. In default the amount shall carry interest @ 8% per annum.
With this observation the order of the learned single Judge stands modified to the extent indicated above.
The appeal is disposed of without any order as to costs.
(Banerjee, J.) (Ashis Kumar Chakraborty, J.) ANC.