The entitlement to Monthly Monetary Cash Compensation (MMCC) for a female dependent accrues immediately upon the death of the employee, and if employment is not offered, the employer is obliged to pay monetary compensation from the date of death as per the terms of the National Coal Wage agreement (NCWa).

JUDGMENT

Hiranmay Bhattacharyya, J. - This intra court appeal is at the instance of Eastern Coal Field Ltd. (for short 'ECL') and is directed against an order dated November 16, 2021 passed by a learned Single Judge in WPa 17269 of 2021. By the order impugned, ECL was directed to pay Monthly Monetary Cash Compensation (for short 'MMCC') with effect from the date of death of the husband of the writ petitioner.

2. The husband of the writ petitioner/ respondent no. 1 in this appeal was an employee of ECL. He died in harness on September 14, 1999. The respondent no. 1 submitted an application in March, 2020 claiming MMCC with effect from the date of death of her husband. Since such representation was kept pending for a considerable period of time, the respondent no. 1 filed a writ petition which was disposed of on 15.03.2021 by directing the concerned authority to consider and dispose of the aforesaid representation within a specified time. The concerned authority passed an order on 28.05.2021 that the respondent no. 1 may be paid monetary compensation at the applicable rates from immediate effect till she attains the age of 60 years or death, whichever is earlier.

3. Respondent no. 1 challenged the aforesaid order dated 28.05.2021 by filing the instant writ petition. The learned Single Judge allowed the writ petition directing ECL to pay MMCC with effect from the date of death of the husband of the respondent no. 1. Being aggrieved, the instant appeal has been preferred by ECL.

4. Mr. Banerjee, learned advocate for ECL placed reliance upon clause 9.5.0 in NCWa-VI which provides for payment of MMCC and contended that a female dependant has to exercise her option either for monetary compensation or employment. He contended that ECL is liable to pay MMCC only if the female dependant exercises her option to accept the same and such liability of ECL shall start to run only from the date when such option is exercised and the same cannot relate back to the date of death of the employee concerned. He further contended that the claim for monetary compensation made by the respondent no. 1 from the date of death of her husband is barred by limitation. Mr. Banerjee placed reliance upon the judgment of the Hon'ble Supreme Court of India in the case of Shiv Dass vs. Union of India reported at (2007) 9 SCC 274 in support of such contention and submitted that the learned Single Judge erred in law by directing ECL to pay MMCC from the date of death of the employee concerned.

5. Mr. Ghosh, learned advocate appearing for the respondent contended that MMCC should be made available from the date of death of the husband of the respondent no. 1 who was working under ECL. He, further, contended that this Court in several matters while dealing with identical facts directed the coal company to pay MMCC from the date of death of the employee concerned and such orders have been duly complied with by the coal company. In support of such submission he relied upon the following judgments- (i) In the case of M/s. Eastern Coal Fields Limited & Ors. vs. Dewanti Kumari & Ors. reported at (2016) 3 WBLR (Cal) 464 (ii) Unreported judgment dated 28th august, 2008 passed in aPOT 518 of 2007 in the case of Smt. Chhaya Singh Sardar vs. Coal India Limited & Ors.,(iii) Unreported judgment dated 08.03.2013 passed in aPOT 88 of 2013 in the case of M/s. Eastern Coalfields Limited & Ors. vs. Bipini Marandi & Ors.

6. Heard the learned advocates for the parties and perused the materials placed.

7. The short point which arises for consideration in the instant appeal is from which date MMCC is to be paid to a female dependant.

8. The respondent no. 1 claims that she is entitled to such monetary compensation with effect from the date of death of her husband whereas it is the stand of ECL that she is entitled to such compensation with effect from the date when the authority takes a decision to pay such compensation.

9. The right to get employment or monetary compensation in case of a female