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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Central Coalfields Limited through its Chairman-cumManaging Director, having its office at Darbhanga House, Ranchi – Appellant
Versus
Mina Devi, wife of Late Mahesh Bhuinya – Respondent
| Table of Content |
|---|
| 1. entitlement to monetary compensation following rejection of compassionate appointment. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments regarding delay in seeking benefits after the death of an employee. (Para 13 , 14 , 18 , 19) |
| 3. clarification of conditions under which compensation is due. (Para 15 , 16 , 20 , 21) |
| 4. order to dismiss the appeal. (Para 22) |
JUDGMENT
Rajesh Shankar, J.
I.A. No.10458 of 2024:
1. For the reasons stated in the application, we find sufficient cause to condone the delay of 115 days that has crept up in filing of the appeal.
2. Ordered accordingly.
3. I.A. No.10458 of 2024 is disposed of.
L.P.A. No.575 of 2024:
4. The present appeal has been preferred against the order dated 26.04.2024 passed in W.P.(S) No.3169 of 2020, whereby the learned Single Judge has allowed the said writ petition directing the respondents (the appellants herein) to pay monetary compensation to the writ petitioner/respondent as per clause 9.5.0 of the NCWA-VI.
5. The learned counsel for the appellants submits that the husband of the respondent namely Mahesh Bhuinya (hereinafter referred as the deceased employee) was working as Piece Rated worker at Sayal ‘D’ Colliery, Mand
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....
The court held that compassionate employment is not a right and depends on immediate necessity; ineligibility arises from an extended delay in claims.
Compassionate appointment rights under NCWA must be evaluated without delay; the employer's inaction violates the employee's fundamental rights.
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