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SUBRATA TALUKDAR, LAPITA BANERJI
Eastern Coalfield Limited – Appellant
Versus
Ambabati Mahali – Respondent
JUDGMENT :
(Lapita Banerji, J.) :
1. This intra court appeal is directed against a judgment and order dated April 18, 2022 passed by an Hon’ble Single Judge in WPA No. 15187 of 2021(Impugned Order).
2. By the Impugned Order the appellant/ECL (Eastern Coalfield Limited) was directed to pay monthly monetary cash compensation (in short, “MMCC”) with effect from, April 22, 2002 to the writ petitioner. The writ petitioner’s husband was an employee of ECL who died-in-harness on April 21, 2002.
3. Initially the writ petitioner/respondent applied for compassionate appointment in favour of her brother-in-law (husband’s brother). However, the said application was not approved of.
4. The writ petitioner/respondent made an application for her own employment on September 22, 2011 under the provisions of National Coal Wage Agreement (for short, “NCWA”). The relevant clause being 9.5.0 of NCWA is produced herein below:-
(i) In case of death due to mi
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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