IMPORTANT POINT
The entitlement to ex-gratia payments under the NCWA is independent of other compensation, and the Labour Court cannot award interest on such payments unless explicitly provided in the settlement.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. W.P. (L) No.4798 of 2019 and W.P. (L) No.99 of 2022 have been filed in respect of the common judgment passed by Presiding Officer, Labour Court, Dhanbad in connection with M.J. Case No.35 of 2015 dated 31.01.2019 and W.P. (L) No.6135 of 2019 has common point of law involved and has similar facts, hence, all these writ petitions are disposed of by this common judgment.

3. The facts of W.P. (L) No.4798 of 2019 and W.P. (L) No.99 of 2022 are as follows:-

The respondent of W.P. (L) No.4798 of 2019 who is the writ petitioner of W.P. (L) No.99 of 2022, filed an application under Section 33 (c) (2) of the Industrial Disputes Act, 1947 against the writ petitioner of W.P. (L) No.4798 of 2019 who is the respondent of W.P. (L) No.99 of 2022 for ex-gratia amount on account of death of her husband namely Shiv Kumar Bhuiya who was a permanent employee under the respondent. Shiv Kumar Bhuiya met with an accident and expired on 23.01.2014 in the underground mines in course of his employment. The opposite party before the Labour Court, Dhanbad deposited Rs.6,70,160/- as compensation under Employees Compensation Act, 1923 and further paid an ex-gratia amount of Rs.84,600/- apparently under Clause 9.2.6 under Chapter IX of the National Coal Wage Agreement-IX. The applicant before the Labour Court namely Mularwa Devi filed the application claiming Rs.5,00,000/-on the ground that her husband Shiv Kumar Bhuiya died out of fatal mines accident. The Labour Court though in concluding part of paragraph-6 of the judgment found and held that the applicant is entitled for ex-gratia amount of Rs.5,00,000/- which payable under Clause 9.2.7 of NCWA- IX besides ex-gratia of Rs.84,600/- which has already been paid through cheque to the applicant under Section 33 (C) (2) of the I.D. Act, 1948 but in the operative portion contrary to the finding, observed that the opposite party is at liberty to deduct the amount of ex-gratia Rs.84,600/- which has already been paid to the applicant. Further, the Labour Court directed the opposite party to pay Rs.5,00,000/- as ex-gratia as per NCWA-IX to the applicant from the date of death of her husband i.e. on 23.01.2014 with simple interest @ 6% per annum as an arrear within 60 days from passing of the order failing which the opposite party will also be liable to pay arrear amount along with simple interest @ 9% per annum.

4. The facts of W.P. (L) No. 6135 of 2019 is as follows:-

Writ Petition No.6135 of 2019 relates to the judgment dated 29.05.2019 passed by the Presiding Officer, Labour Court, Dhanbad in connection with M.J. Case No.03 of 2018. The applicant filed the said M.J. Case No.03 of 2018 claiming ex-gratia amount on account of death of her husband namely Kinkar Das who was on duty in night shift at 5/6 pit colliery at underground of Hydro Mining Colliery and during his work, suffered from heart attack and consequently died. The applicant filed a case for seeking compensation on account of death of Kinkar Das. The court passed an order in favour of the applicant holding that the deceased died in an accident arising out and in course of his employment. Consequent upon filing of the Execution Case bearing No.77 of 2016 for implementation of the award in Workman Compensation Case No.04 of 2012, the opposite party deposited the awarded amount. The petitioner of M.J. Case No.03 of 2018 further made the prayer for payment of special relief/ ex-gratia amount of Rs.5,00,000/- to her and by the said judgment impugned in W.P. (L) No.6135 of 2019, the Presiding Officer, Labour Court, Dhanbad directed payment of Rs.5,00,000/- as ex-gratia as per NCWA to the applicant from the date of death of her husband i.e. on 30.04.2011 with simple interest @ 6% per annum as an arrear within 60 days from passing of the order failing which the opposite party will also be liable to pay arrear amount along with simple interest @ 9% per annum from the expiry of 60 days.

5. Contention of the parti