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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Eastern Coalfields Limited – Appellant
Versus
Sumi Kamin – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The appeal at the behest of Eastern Coalfields Limited is in assailment of an order dated March 24, 2023 passed in WPO 3145 of 2022.
2. By the impugned order, learned Single Judge allowed the writ petition filed by the private respondent directing the appellant to pay the Monthly Monetary Cash Compensation (MMCC) to the writ petitioner with effect from the January 22, 2010 i.e. the date following the date of death of deceased employee with interest thereon at the rate of 6% per annum.
3. Learned advocate for the appellant contended that the impugned order was passed by learned Single Judge without considering the submission made on behalf of the appellant in their report on affidavit. It was urged that the impugned order was passed under misconstruction of the provisions of the National Coal Wage Agreement (NCWA).
4. Learned advocate for the appellant also submitted that learned Trial Judge did not consider the submissions of the appellant to the effect that the appellant was not in a position to ascertain, among more than one female dependant of the deceased employee, as to which female dependant was entitled for employment or the MMCC, unless an a
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 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.
The main legal point established in the judgment is the need for diligent and prompt consideration of claims for dependent employment and monetary compensation under the National Coal Wage Agreement,....
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