IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

THE HON’BLE JUSTICE SUJOY PAUL &

THE HON’BLE JUSTICE SMITA DAS DE FMA 1033 of 2023 IA No. CAN 1 of 2023 EASTERN COALFIELDS LTD.

Vs.

PREMLATA SINGH & ORS.

Appearance:

For the Appellant : Mr. Manik Das, Adv.

For the Respondent No. 1 : Mr. Gobinda Kar, Adv.

Heard On : 30.07.2025 Judgment On : 30.07.2025 Sujoy Paul, J.:

1. This intra court appeal assails the order passed by the learned Single Judge in WPA No. 18401 of 2022 whereby it is directed that the monthly monetary cash compensation (compensation) be given to the petitioner on monthly basis on and from July 10, 2023. The arrears of compensation be provided to her from May 21, 2007, the next day of death of her husband till June 20, 2023. A period of 4 months was fixed for the purpose of grant of said benefits.

2. The learned counsel for the Coal Fields fairly submits that in view of provision contained in National Coal Wage Agreement (NCWA), the petitioner being widow is certainly entitled to get the compensation. Thus, he fairly submitted that the entitlement of petitioner to get the compensation is not called in question by the employer. The only ground on which the order impugned is called in question is the delay in filing the application for grant of compensation before the employer and also the delay in approaching this Court. Because of the delay on the part of the widow, she is not entitled to get the benefit of arrears of compensation.

3. To elaborate, learned counsel for the employer submits that the first application was filed by the widow for grant of monetary compensation in the year 2013. Thereafter she filed the instant writ petition on 21.11.2022. By placing heavy reliance on the order of Supreme Court in Civil Appeal No. 6730 of 2023 (M/S. Eastern Coal Fields Ltd. & Ors. vs. Dukhni Bhuiya), the counsel for employer submits that because of delay, the widow is entitled to get the arrears backwards for 3 years only prior to the date of filing of writ petition. In view of this order of Supreme Court, at best, petitioner is entitled to get the benefit of the arrears from a date before 3 years from date of filing of instant WPA no. 18401 of

2022. To this extent, interference is warranted by this Court.

4. Next limb of argument of learned counsel for the appellant is that the first representation for compensation was actually preferred in 2013. In this representation, there is no mentioned that widow earlier preferred any such application. Thus, this indicates that previous applications filed on 10.7.2008 and 14.09.2009 are fabricated and forged documents. These documents, by no stretch of imagination can form basis to hold that widow promptly approached the authorities for grant of benefits. In other words, these forged letters allegedly preferred on 10.07.2008 and 14.09.2009 cannot justify the delay on the part of the widow. Thus, following the view taken in Dukhni Bhuiya (Supra). The arrears may be restricted.

5. The learned counsel for the widow supported the impugned order and contended that the husband of petitioner died on 20.05.2007. Applications for compassionate appointment was promptly preferred on 10.07.2008 Annexure ‘P-7’ followed by reminder dated 14.09.2009. The employer sat tight over the matter till 06.09.2017 Annexure ‘P-6’ when the representation was rejected. The widow promptly filed an application dated 03.09.2017 seeking review of the decision rejecting the claim of the widow for compassionate appointment. However, her prayer seeking review could not fetch any result.

6. The document dated 08.06.2020 Annexure ‘P-8’ is referred to show that certain documents were desired from the widow for the purpose of considering her for compassionate appointment. Thereafter, the petitioner did not receive any communication in relation to the prayer for grant of compassionate appointment or compensation. Having left with no option, the instant WP was filed. Learned counsel for the petitione