BHARAT COKING COAL LTD Vs. CHAMPA DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the Judgment/ Order dtd. 5/11/2018 (Annexure-13), passed by learned Presiding Officer, Labour Court, Dhanbad in M.J. Case No. 37 of 2013, whereby learned Court has been pleased to allow the said case filed by the respondent-Champa Devi and directed the petitioner-BCCL to pay the benefits of monetary compensation to the applicant as provided under Clause-9.5.0 of NCWA.

(3.) It was the case of the respondent before the learned Labour Court that her husband, late Budhan Bhuiya was a permanent employee of petitioner-BCCL and while discharging his duties, he died in harness on 11/5/2001. After his death, the respondent-Champa Devi applied for employment on compassionate ground on 31/8/2001. The petitioner-management after scrutiny of the application and other relevant documents sent a letter dtd. 11/9/2001 to the respondent stating therein that there is discrepancy in her age, as in the service records of late Budhan Bhuiya, the age of respondent as on the date of death of her husband comes to 44 years but the documents submitted by the respondent indicates her age to be 40 years on the date of death of her husband. Hence, it was suggested to the respondent to apply for appointment of her son on compassionate ground but she refused to the same. The respondent submitted application for monetary compensation also but no action was taken by the petitioner-management. Thereafter, the respondents preferred several representation but all went into vain. Aggrieved by non-payment of monetary compensation on account of death of her husband, the respondent approached the learned Labour Court by filing M.J. Case No. 37 of 2013 for payment of monetary compensation. Thereafter, notice was issued to the petitioner-BCCL, who appeared before the learned Court and filed its written statements.