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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Eastern Coalfields Ltd. – Appellant
Versus
Union of India – Respondent
Judgment :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging an award dated 28th May, 2025 passed by the Learned Central Government Industrial Cum- Labour Court, Asansol in Reference Case No. 44 of 2022 (Bhadu Bouri & Anr. Vs. Management of Lachipur Colliery, Eastern Coalfields Limited).
2. Vide the impugned award passed in reference Case No.44 of 2022, the learned Tribunal held as follows:-
“ORDERED
“that the Industrial Dispute is allowed on contest against the management of Eastern Coalfields Limited. Management of Lachipur Colliery under Kajora Area of Eastern Coalfields Limited is directed to provide employment to Manoj Bouri, son of Late Ganesh Bouri, the ex-employee of Eastern Coalfields Limited on completing all procedures within three (3) months from the date of communication of the Award. Management shall also pay monetary compensation to Bhadu Bouri, the wife of the deceased employee according to the prevailing rate from 24.12.2000, till employment is provided to Manoj Bouri or she attained 60 years of age, whichever is earlier. Let an award be drawn up in light of my above findings. Let copies of the Award in duplicate be sent to the Ministry of La
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.
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.
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
The judgment emphasizes the binding nature of the National Coal Wages Agreement, the purpose of dependent employment as relief from immediate hardship, and the concessionary nature of compassionate a....
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