EASTERN COALFIELDS LTD Vs. DEWANTI KUMARI

JUDGEMENT

(1.) The appeal is directed against the judgment and order of the learned Single Judge allowing the writ petition filed by the Respondent No.1. It is an absolutely frivolous and dishonest appeal preferred by the Appellant as there are judgements of several different Division Benches of this Court which have already decided the issues raised before us by the appellant. These judgements have not been impugned by the Appellant before the Supreme Court and therefore are in the field today. The appeal has been filed only to harass the respondent who is a female dependant of an employee who died on duty.

(2.) The father of Respondent No.1 died in harness in the year 1997 while working with the Eastern Coalfields Ltd. She claimed appointment on compassionate grounds and payment of compensation on the death of her father. The application was rejected by Eastern Coalfields on the ground that she had not exercised her option immediately after her father's death as to whether she wanted employment or compensation.

(3.) Aggrieved by this decision of Eastern Coalfields, the Respondent No.1 filed a writ petition before this Court. The learned Single Judge in the impugned order observed that it was evident that the Respondent No.1 had applied for appointment on compassionate grounds in 2010, which the appellant here thought was not suitable for consideration. The learned Single Judge relied on the judgment of this Court in the case of Kajoli Bouri vs. Coal India Limited (W.P. No. 4 of 2014) in which two judgments of the Division Bench of this Court were noticed - one was in the case of Chhaya Singh Sardar vs. Coal India Limited (GA No.3117 of 2007, APOT No.518 of 2007, WP 300 of 2006 decided on 28th August, 2008) and the other in M/s. Eastern Coalfields Ltd vs. Bipini Marandi & Ors (APOT 88 of 2013, GA 577 of 2013, GA 578 of 2013 with WP 597 of 2012, decided on 8th March, 2013). In the impugned judgement the learned Single Judge has extracted some of the relevant paragraphs from the judgments in the case of Kajoli Bouri (supra) and Bipini Marandi (supra) wherein the judgments of another learned Single Judge in Bimli Majhian vs. Coal India Ltd. & Ors (W.P. no. 196 of 2013 decided on 21st August, 2013) was considered. The learned single judge did not accept the submission of Coal India that the claim of the respondent was delayed in view of observations and conclusions in the aforesaid judgments. The judgment in the case of Shiv Dass vs. Union of India reported in (2007) 9 SCC 274 which was cited by Coal India was distinguished. The Court found that the judgments of the Division Bench were pronounced in respect of matters directly in issue in the present case. The Court also rightly distinguished the judgment of the Supreme Court in Shiv Dass's case which was in respect of the payment of pension and not for compensation payable to a female dependant of an employee who dies - in -harness. The Court therefore, held that in view of the judgments in the case of Chhaya Singh Sardar (supra) and Kajoli Bouri (supra), the Respondent No.1 was entitled to the amount payable as compensation. The arrears have been directed to be paid from the date of death of the father of Respondent No.1 within 3 months from the date of the order together with interest on the amount payable after the institution of the writ petition. The Court further directed the Appellant to realise the monthly amounts to the Respondent No.1 with effect from May, 2015 on the 10th of each succeeding month. The Appellant has also been directed to pay costs of Rs. 5,000/ - to the respondent.