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Documents citing M/S. Eastern Coal Fields Ltd & Ors vs Smt. Dukhni Bhuiya on 21 April, 2022

Eastern Coalfields Limited vs Sumi Kamin And Others on 20 August, 2024

In the case at hand, however, the peculiar facts noted in the case of Dukhni Bhuiya (Supra), do not exist. The delay in approaching the Court by the writ petitioner has been sufficiently explained in this case. The husband of the writ petitioner died in 2010. An application for appointment of the son of deceased employee was promptly made in a month of death of the employee. The authorities took more than ten years in considering such application for compassionate appointment which was ultimately disposed in the year 2018. Thereafter, the writ petitioner approached the authorities and ultimately the Court for MMCC. Had the authorities decided on the application for compassionate appointment within a reasonable time, the writ petitioner could have approached the Court much earlier. The appellants cannot be allowed to extract benefit of their own wrong.
Calcutta High Court Cites 25 - Cited by 0 - D Basak - Full Document

Eastern Coalfields Ltd vs Premlata Singh & Ors on 30 July, 2025

3. To elaborate, learned counsel for the employer submits that the first application was filed by the widow for grant of monetary compensation in the year 2013. Thereafter she filed the instant writ petition on 21.11.2022. By placing heavy reliance on the order of Supreme Court in Civil Appeal No. 6730 of 2023 (M/S. Eastern Coal Fields Ltd. & Ors. vs. Dukhni Bhuiya), the counsel for employer submits that because of delay, the widow is entitled to get the arrears backwards for 3 years only prior to the date of filing of writ petition. In view of this order of Supreme Court, at best, petitioner is entitled to get the benefit of the arrears from a date before 3 years from date of filing of instant WPA no. 18401 of 2022. To this extent, interference is warranted by this Court.
Calcutta High Court (Appellete Side) Cites 14 - Cited by 0 - Full Document

Eastern Coalfields Ltd vs Premlata Singh & Ors on 30 July, 2025

3. To elaborate, learned counsel for the employer submits that the first application was filed by the widow for grant of monetary compensation in the year 2013. Thereafter she filed the instant writ petition on 21.11.2022. By placing heavy reliance on the order of Supreme Court in Civil Appeal No. 6730 of 2023 (M/S. Eastern Coal Fields Ltd. & Ors. vs. Dukhni Bhuiya), the counsel for employer submits that because of delay, the widow is entitled to get the arrears backwards for 3 years only prior to the date of filing of writ petition. In view of this order of Supreme Court, at best, petitioner is entitled to get the benefit of the arrears from a date before 3 years from date of filing of instant WPA no. 18401 of 2022. To this extent, interference is warranted by this Court.
Calcutta High Court (Appellete Side) Cites 14 - Cited by 0 - Full Document

Sujula Ankure @ Sujala Akuria vs M/S. Eastern Coal Fields Limited & Ors on 2 August, 2022

LT, 436 (Putul Rabidas vs. Eastern Coalfields Limited & Ors.) and lastly by the judgment dated 21st Aprilo, 2022 passed in MAT 86 of 2022 (M/s. Eastern Coalfields Limited & Ors. Vs. Smt. Dukhni Bhuiya) The MMCC is, therefor, required to be paid from the date of death of the employee. In the instant case, the same has to be paid from 9th September, 1999. It is also admitted fact that the first application of the petitioner was made on or about 9th March, 2001, the same remained unprocessed till 16th December, 2021. The petitioner, therefor, is entitled to interest on the arrears amount as an by way of compensation since the petitioner was deprived of the fruits of the money and at the same time the money having remained with ECL, ECL has derived benefit out of the same.
Calcutta High Court (Appellete Side) Cites 4 - Cited by 0 - A Mukherjee - Full Document

Eastern Coalfields Ltd vs Kosmi Devi Bhuia & Ors on 21 February, 2024

8. The learned Counsel for the appellant submits that the MMCC is only applicable in terms of Clause 5 to the female dependant of a deceased employee and once she exercised the option for compassionate appointment in favour of her son then she is not entitled to benefit of MMCC. Alternatively, it is submitted that in the event the MMCC is allowed at all it should be for the period commencing from 3 years prior to the date of filing of the writ petition in the High Court till the date of payment. The learned Counsel in 6 this regard has relied upon an order of the Hon'ble Supreme Court in M/s. Eastern Coal Fields Ltd. & Ors. Vs. Dukhni Bhuiya on 14th October, 2022 and 13th October, 2023 respectively.
Calcutta High Court (Appellete Side) Cites 2 - Cited by 0 - Full Document

Eastern Coalfields Limited & Ors vs Union Of India & Ors on 11 March, 2024

The issue as to limitation in case of granting MMCC wherein there was inordinate delay in making an application for MMCC also fell for consideration before a Division Bench of this Court in the judgment reported in 2022 SCC OnLine Cal 1580 (Eastern Coal Fields Ltd. & Ors. Vs. Dukhni Bhuiya) wherein the 7 Division Bench has allowed MMCC from the date of three years immediately preceding the date of filing of the writ petition.
Calcutta High Court (Appellete Side) Cites 6 - Cited by 0 - A Mukherjee - Full Document
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