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SUBRATA TALUKDAR, HIRANMAY BHATTACHARYYA
Eastern Coal Fields Ltd – Appellant
Versus
Dukhni Bhuiya – Respondent
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 cha
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 pa....
The right to Monthly Monetary Cash Compensation for dependants of deceased employees is automatic upon death, as per the National Coal Wage Agreement, and does not require a formal application.
The court established that a female dependent's right to compassionate appointment under the NCWA is not negated by her minor status at the time of the deceased's death.
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.
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