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S.K.Mastan Bee vs The General Manager, South Central ... on 4 December, 2002

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
Supreme Court of India Cites 2 - Cited by 144 - Full Document

The State Of Orissa vs Sudhansu Sekhar Misra And Ors on 7 November, 1967

In AIR 68 SC 647 (State of Orissa vs. Sudhansu Sekhar Misra & Ors.) and in 2006 (1) SCC 368 (Union of India & Anr. Vs. Major Bahadur Singh) it was held that precedent is what has been actually decided by the Court and not what is logically flowing from it. Hence, we are bound by the judgment of Sumi Kamin (supra) and judgment of Dukhni Bhuiya (supra) does not improve the case of employer.
Supreme Court of India Cites 7 - Cited by 962 - K S Hegde - Full Document

Union Of India & Anr vs Major Bahadur Singh on 22 November, 2005

In AIR 68 SC 647 (State of Orissa vs. Sudhansu Sekhar Misra & Ors.) and in 2006 (1) SCC 368 (Union of India & Anr. Vs. Major Bahadur Singh) it was held that precedent is what has been actually decided by the Court and not what is logically flowing from it. Hence, we are bound by the judgment of Sumi Kamin (supra) and judgment of Dukhni Bhuiya (supra) does not improve the case of employer.
Supreme Court of India Cites 2 - Cited by 275 - A Pasayat - Full Document

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

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 4 - Cited by 2 - S Talukdar - Full Document

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

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 Cites 0 - Cited by 4 - B Somadder - Full Document

Central Coalfields Limited Through Its ... vs Bipin Murmu on 17 September, 2018

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
Jharkhand High Court Cites 0 - Cited by 0 - A Bose - Full Document

M/S. Eastern Coalfields Limited vs Smt. Shefali Khan & Ors on 12 December, 2019

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 1 - Cited by 0 - S Sen - Full Document

Eastern Coalfields Ltd. vs Mariyanus Marandi & Ors. on 17 March, 2009

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
Jharkhand High Court Cites 1 - Cited by 2 - D G Patnaik - Full Document

M/S. Eastern Coalfield Ltd vs Bimali Majhain & Ors on 11 July, 2016

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 Cites 1 - Cited by 1 - N Mhatre - Full Document
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