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

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

15. For the selfsame proposition that MMCC is payable from the date of death of the employee, learned advocate for the writ petitioner/respondent also relied upon the judgment and order passed by the Coordinate Benches of this court 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. 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 2023 (Eastern Coalfields Ltd. Vs. Champa Munda & Ors), APO 189 2023 (Eastern Coalfields Ltd. Vs. Smt. Mina Bouri & Ors), 2024 SCC On Line 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.)
Supreme Court of India Cites 2 - Cited by 144 - Full Document

Asger Ibrahim Amin vs Life Insurance Corp. Of India on 12 October, 2015

33. Noting that the observations made in the case of Tarsem Singh (Supra), the Hon'ble Apex Court, in the case of Asger Ibrahim Amin (Supra) and Bhavnagar Municipal Corporation (Supra), in the specific facts of the said cases, in consideration of the huge unexplained delay, was pleased to limit the claim of pensionary benefits to 3 years preceding the date of the petition filed before the High Court.
Supreme Court of India Cites 16 - Cited by 518 - V Sen - Full Document

Rushibhai Jagdishchandra Pathak vs Bhavnagar Municipal Corporation on 18 May, 2022

33. Noting that the observations made in the case of Tarsem Singh (Supra), the Hon'ble Apex Court, in the case of Asger Ibrahim Amin (Supra) and Bhavnagar Municipal Corporation (Supra), in the specific facts of the said cases, in consideration of the huge unexplained delay, was pleased to limit the claim of pensionary benefits to 3 years preceding the date of the petition filed before the High Court.
Supreme Court of India Cites 14 - Cited by 67 - A Rastogi - Full Document

M/S. Eastern Coalfields Ltd vs Dewanti Kumari & Ors on 12 April, 2016

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 (Appellete Side) Cites 9 - Cited by 15 - N Mhatre - Full Document

Inacio Fernandes (Dead) By His Lrs ... vs The Commissioner Corporation Of The ... on 4 October, 2017

18. Relying upon judgment passed in SLP (Civil) 16734 of 2022 (State of Rajasthan & ors. Vs. O.P. Gupta), Civil Appeal No. 4100 of 2022 (Shri M. L. Patil (Dead) through LRs vs. The State of Goa and Anr.) and 1999 SCC 450 (Hindustan Petroleum Corporation Ltd. vs. Dolly Das), it is submitted on behalf of writ petitioners that 9 the MMCC being payable monthly giving rise to fresh cause of action every month, delay in approaching the court is not fatal.
Supreme Court - Daily Orders Cites 0 - Cited by 9 - Full Document

Hindustan Petroleum Corporation Ltd. ... vs Dolly Das on 13 April, 1999

18. Relying upon judgment passed in SLP (Civil) 16734 of 2022 (State of Rajasthan & ors. Vs. O.P. Gupta), Civil Appeal No. 4100 of 2022 (Shri M. L. Patil (Dead) through LRs vs. The State of Goa and Anr.) and 1999 SCC 450 (Hindustan Petroleum Corporation Ltd. vs. Dolly Das), it is submitted on behalf of writ petitioners that 9 the MMCC being payable monthly giving rise to fresh cause of action every month, delay in approaching the court is not fatal.
Supreme Court of India Cites 1 - Cited by 155 - Full Document

Union Of India vs Tarsem Singh on 19 September, 2019

33. Noting that the observations made in the case of Tarsem Singh (Supra), the Hon'ble Apex Court, in the case of Asger Ibrahim Amin (Supra) and Bhavnagar Municipal Corporation (Supra), in the specific facts of the said cases, in consideration of the huge unexplained delay, was pleased to limit the claim of pensionary benefits to 3 years preceding the date of the petition filed before the High Court.
Supreme Court of India Cites 80 - Cited by 3438 - R F Nariman - Full Document

Purnendu Mukhopadhyay And Others vs V.K. Kapoor And Another on 12 October, 2007

In the case of Purnendu Mukhopadhyay (Supra), the Hon'ble Supreme Court laid down that the State cannot treat employees similarly situated differently. Our attention was drawn to the reasoned order passed by the appellant authorities dated November 27, 2020, in support of the contention that once the authorities have extended the benefits to other employees, the same cannot be denied to the writ petitioner.
Supreme Court of India Cites 11 - Cited by 28 - S B Sinha - Full Document

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

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 (Appellete Side) Cites 4 - Cited by 2 - S Talukdar - Full Document
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