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2021 Supreme(Ori) 194

B.R.SARANGI
Basanti Sa – Appellant
Versus
Mahanadi Coalfields Limited – Respondent


Advocates Appeared:
M/s. S.C. Samantaray, S. Pattnaik and U.K. Sahoo, Advocates, for the Appellant; M/s. R. Sharma, P.R. Patnaik, S.N. Barik, R.K. Ray & S. Mishra; Advocates, for the Respondent.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, being the wife of deceased-Suresh Sa, who was an employee of Mahanadi Coalfields Limited, has filed this writ petition seeking to quash the letter dated 30.05.2014 under Annexure-12 issued by opposite party no.3 rejecting her claim of dependant employment as per clause-9.3.0 of the National Coal Wages Agreement-IX (NCWA-IX).

2. The factual matrix of the case, in brief, is that the petitioner's husband, Suresh Sa was appointed as Driver (T) on 01.01.1986 in the Belpahar Open Cast Mines of Mahanadi Coalfields Limited (MCL). Subsequently, he was promoted to category-II and confirmed in category-I on 01.01.1987. Thereafter, he was posted in IB Vally Area and continued as such till he was posed at Lakhanpur area as Dumper Operator. He was sent for refresher course of Training Institute, IB Vally, Mahanadi Coalfields Limited during October, 1999. While continuing in service at Lakhanpur Open Cast Project, he died in a road accident on 20.01.2007, at the time of returning home, leaving behind his widow Basanti Sa (petitioner), one daughter and two sons. The petitioner, upon death of her husband, on 12.03.2007 applied for the death benefit of

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