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IN THE HIGH COURT AT CALCUTTA
T.S.SIVAGNANAM, CHAITALI CHATTERJEE DAS
Eastern Coalfields Limited – Appellant
Versus
Mangali @ Mangala Bouri – Respondent
| Table of Content |
|---|
| 1. appeals filed against a judgment allowing mmcc compensation. (Para 1 , 2) |
| 2. details of the applicant’s claims for compensation. (Para 4 , 5) |
| 3. authority’s procedural challenges regarding claims. (Para 6 , 10) |
| 4. findings of authority’s inaction on applicant’s claims. (Para 20 , 28) |
| 5. court’s order modifying the payment timeline and interest rate. (Para 39) |
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. These intra Court appeals have been filed by both the parties against a judgement and order dated 26.11.2024, allowing the prayer of the writ petitioner Mangala Bouri for her claim of Monthly Monetary Cash Compensation (MMCC) and directing the Appellant Authority to pay the same from the date of death of her mother that is 27th November 2000 with interest at the rate of 6% per annum.
2. The appellant Authority challenged the order on the ground of wrong interpretation by the learned single Judge in respect of the facts and circumstances of the case and saddled them with interest at the rate of 6% per annum ignoring the negligence on the part of the writ petitioner/claimant to substantiate her claim with proper and sufficient documents. That apart the ground of challenge of
Compassionate appointment rights under NCWA must be evaluated without delay; the employer's inaction violates the employee's fundamental rights.
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 main legal point established in the judgment is the entitlement of the petitioner to compassionate appointment under the National Coal Wages Agreement-IX (NCWA-IX) and the court's emphasis on tim....
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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