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Documents citing M/S. Eastern Coalfields Ltd. & Ors vs Premlata Devi & Ors on 8 July, 2019

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

Amara Badyakar @ Angura Badyakar vs M/S. Eastern Coal Fields Limited & Ors on 4 August, 2023

In Premlata Devi (supra) and Ila Chakraborty (supra) arguments regarding the maintainability of the writ petitions were raised and the same were answered. The submissions made by the authorities that the Writ Court lacks territorial jurisdiction to entertain the writ petition in the 4 Original Side have been specifically rejected. The allocation of the writ petitions on either of the sides is only for administrative convenience, so that the matters may be disposed of expeditiously.
Calcutta High Court Cites 7 - Cited by 0 - Full Document

Mina Singh vs M/S. Eastern Coal Fields Ltd. & Ors on 13 January, 2021

The second decision is unreported and was passed on 08.07.2019 in APOT No.49 of 2019 (M/s. Eastern Coalfields Ltd. & Ors. vs. Premlata Devi & Ors.) which is not interfered by the Hon'ble Supreme Court by the order dated 06.01.2020 in SLP No.29907 of 2019. 2 In both the decisions, the Division Benches of this court have held that MMCC in lieu of compassionate employment is payable from the date of death of the employee concerned as the dependant's cause of action would arise therefrom.
Calcutta High Court (Appellete Side) Cites 2 - Cited by 0 - R Mantha - Full Document

Smt. Pushpa Bouri @ Puspa Bauri vs M/S. Eastern Coal Fields Limited & Ors on 6 August, 2021

The petitioner, however, objects to such contention. It is submitted on behalf of the petitioner that this point has been taken by ECL in several other matters but ECL did not succeed even upto the Hon'ble Supreme Court when Special Leave Petition against one of such matters was dismissed. The petitioner refers to an order dated 19 th March, 2021 passed by a learned Single Judge in W.P. No. 636 of 2018 (Premlata Devi vs. M/s. Eastern Coal Fields Limited & Ors.). In an appeal against the said order dated 19 th March, 2019 a Division Bench of this Court did not accept the plea taken by ECL regarding filing of the writ petition on the Original Side. An order dated 8 th July, 2019 passed in APOT No. 49 of 2019 (M/s. Eastern Coal Fields Limited & Ors. vs. Premlata Devi & Ors.) has been relied upon in this context. The petitioner has also relied upon an order of the Hon'ble Supreme Court of India dated 6 th January, 2020 arising out of a Special Leave to appeal as filed against the order dated 8 th July, 2019 by a Division Bench of this Court.
Calcutta High Court Cites 2 - Cited by 0 - A Mukherjee - Full Document

Bodi Mejhain vs M/S. Eastern Coal Fields Ltd And Ors on 17 February, 2023

This Court is not inclined to accept the said submission of Mr. Das as this Court is of the view that the entertainability of the writ petition on the Appellate Side or on the Original Side of this Hon'ble Court is a matter of administrative convenience. This Court places reliance on the decision of a Division Bench of this Hon'ble Court being APOT/49/2019 (M/s. Eastern Coalfields Limited & Ors. vs. Premlata Devi & Ors.). This Court is of the view that a writ petition is maintainable whether filed on the Appellate Side or on the Original Side as long as the subject matter is within the jurisdiction of the State.
Calcutta High Court Cites 1 - Cited by 0 - Full Document
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