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

30. Similar principles to the effect that MMCC to the dependant was payable from the date following the date of death of the employee and not from the date of application were also laid down in consideration of the peculiar facts and circumstances of each case in Smt. Pnawa Bhuiya (Supra), Smt. Ambabati Mahali 17 (Supra), Smt. Dulali Majhian@ Majhan (Supra), Smt. Chapala Kora (Supra), Kosmi Devi Bhiya (Supra), Dewanti Kumari (Supra), Smt. Kajol Badyakar (Supra), Smt. Shefali Khan (Supra), Premlata Devi (Supra), Smt. Chhaya Singh Sardar (Supra), Bipini Marandi (Supra), Bimali Majhain (Supra), Champa Munda (Supra), Smt. Mina Bouri (Supra), Bipini Murmu (Supra). In some of the aforesaid cases even delay in making applications for MMCC was considered not a sufficient ground to disentitle a claimant or for payment of the same from a later date.
Calcutta High Court Cites 25 - Cited by 0 - D Basak - Full Document

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

7. By placing reliance on certain judgments, learned Counsel for the writ petitioner submits that law is well-settled on two aspects. The first is that the monetary compensation is to be paid to the widow immediately after the date of death of the breadwinner/husband or from the next month. Secondly, the monetary compensation is a right which accrued automatically pursuant to Clause 9.5.0 of NCWA in favour of the widow/dependent. No express application needs to be filed by her for claiming the benefit of monetary compensation. It is the duty of the employer to provide the monetary compensation to the widow on its own. Reference is made to the decisions rendered in MAT 1257 of 2021 (M/s. Eastern Coalfields Limited vs. Smt. Kajol Badyakar & Ors.), FMA 1693 of 2019 (M/s. Eastern Coalfields Limited vs. Smt. Shefali Khan & Ors.), APOT 49 of 2019 (M/s. Eastern Coalfields Limited & Ors. vs. Premlata Devi & Ors.), APOT 518 of 2007 (Smt. Chhaya Singh Sardar vs. Coal India Limited & Ors.), APOT 88 of 2013 (M/s. Eastern Coalfields Limited vs. Bipini Marandi & Ors.), APOT 151 of 2016 (M/s. Eastern Coalfields Limited vs. Bimali Majhain & Ors.), APO 61 of 2023 (Eastern Coalfields Ltd. Vs. Smt. Mina Bouri & Ors.), 2024 SCC OnLine 1535 (Central Coalfields Limited vs. Bipini Murmu) and Civil Appeal No. 8089 of 2002 (S.K. Mustan Bee vs General Manager, South Central Railway & Anr.) 5 2025:CHC-AS:1436-DB
Calcutta High Court (Appellete Side) Cites 14 - Cited by 0 - Full Document

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

7. By placing reliance on certain judgments, learned Counsel for the writ petitioner submits that law is well-settled on two aspects. The first is that the monetary compensation is to be paid to the widow immediately after the date of death of the breadwinner/husband or from the next month. Secondly, the monetary compensation is a right which accrued automatically pursuant to Clause 9.5.0 of NCWA in favour of the widow/dependent. No express application needs to be filed by her for claiming the benefit of monetary compensation. It is the duty of the employer to provide the monetary compensation to the widow on its own. Reference is made to the decisions rendered in MAT 1257 of 2021 (M/s. Eastern Coalfields Limited vs. Smt. Kajol Badyakar & Ors.), FMA 1693 of 2019 (M/s. Eastern Coalfields Limited vs. Smt. Shefali Khan & Ors.), APOT 49 of 2019 (M/s. Eastern Coalfields Limited & Ors. vs. Premlata Devi & Ors.), APOT 518 of 2007 (Smt. Chhaya Singh Sardar vs. Coal India Limited & Ors.), APOT 88 of 2013 (M/s. Eastern Coalfields Limited vs. Bipini Marandi & Ors.), APOT 151 of 2016 (M/s. Eastern Coalfields Limited vs. Bimali Majhain & Ors.), APO 61 of 2023 (Eastern Coalfields Ltd. Vs. Smt. Mina Bouri & Ors.), 2024 SCC OnLine 1535 (Central Coalfields Limited vs. Bipini Murmu) and Civil Appeal No. 8089 of 2002 (S.K. Mustan Bee vs General Manager, South Central Railway & Anr.) 5 2025:CHC-AS:1436-DB
Calcutta High Court (Appellete Side) Cites 14 - Cited by 0 - Full Document
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