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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Central Coalfields Limited, through its Chairman-cum-Managing Director, Ranchi – Appellant
Versus
Sunita Devi, W/o Late Shibu Manjhi, R/o Village-Gabhar Mochro – Respondent
JUDGMENT :
Rajesh Shankar, J. :
1. The present appeal has been preferred against the order dated 10.06.2024 passed in W.P.(S) No. 6215 of 2015 whereby the learned Single Judge has allowed the said writ petition directing the respondents/appellants to release the monetary compensation in favour of the petitioner/respondent with effect from 19.12.1996 i.e., the date of death of her husband namely Shibu Majhi (hereinafter referred as the deceased employee).
2. The factual background of the case as stated in the writ petition is that the deceased employee was working under the appellants as Piece Rated worker at Dhori (K) Colliery and he died in harness on 19.12.1996. Thereafter, the respondent being the widow submitted an application to the Project Officer, Dhori (K) Colliery, CCL, Bokaro-the appellant no. 4 on 15.10.1998 requesting to appoint her on compassionate ground, however the said application was rejected by the Dy. Chief Personnel Manager, Dhori Area vide Letter No. GM(D)/PD/9.3.2/2002/639 dated 26/27.03.02 on the ground that she had filed the said application after lapse of about two years from the date of death of her husband whereas as per the Circular of the CCL, the applica
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....
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....
Compassionate appointment under the National Coal Wage Agreement is limited to recognized dependents, and monetary compensation is appropriate when direct dependents are alive.
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