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SUBRATA TALUKDAR, LAPITA BANERJI
Eastern Coalfields Limited – Appellant
Versus
Kajol Badyakar – Respondent
JUDGMENT :
(Lapita Banerji, J.) :
1. This is an intra Court Appeal from an Order dated September 7, 2021 passed by an Hon’ble Single Bench of this Court. The Hon’ble Single Judge held that the petitioner was entitled to Monthly Monetary Cash Compensation (‘MMCC’) from the date of death of the petitioner’s husband. The petitioner’s husband was an employee of Eastern Coalfield Limited (in short, ECL). He died-in-harness on November 26, 2005.
2. The arrears of ‘MMCC’ was directed to be paid by the ECL by October 15, 2021. The Monthly payment of MMCC was directed to be paid on and from November 10, 2021 and within the 10th of each succeeding month.
3. The Hon’ble Single Bench did not call for affidavits by observing that the issue whether the respondent/writ petitioner was offered ‘MMCC’ in the year 2005-2006 is no longer relevant. Furthermore, it was recorded that whether the petitioner was declared ‘physically fit’ in the Initial Medical Examination (IME) was also not germane to that stage of the proceedings. The Single Bench found that the writ petitioner’s cause of action was a continuing one and the appellant/ECL was obliged to give either appointment on compassionate ground or ‘MM
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 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....
A respondent may be entitled to monetary compensation from the date of application for compassionate appointment when the application is delayed, and the employer fails to offer compensation upon rej....
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