PIYARIA DEVI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) The present appeal is directed against the order/judgment dtd. 22/8/2023 passed in W.P.(S) No. 1138 of 2021 whereby writ petition filed by the petitioner/appellant claiming compassionate appointment, monetary compensation and death-cum-retiral benefits as per National Coal Wage Agreement-VI (in short, "NCWA- VI") in lieu of civil death of her husband as well as challenging termination order of her husband dtd. 20/7/1989, has been dismissed on the ground of delay and laches in preferring the suit in the year 2012 for declaration of civil death of her husband and in filing the writ petition.

(2.) In course of argument, learned counsel for the appellant has waived the claim for compassionate appointment and has confined his argument with respect to the payment of monetary benefit to the appellant as per NCWA-VI as well as death-cum-retiral benefits of her husband whose civil death has been declared in terms with the judgment dtd. 22/4/2017 (decree dtd. 2/5/2017) passed in Title Suit No. 01 of 2012.

(3.) Learned counsel for the appellant has submitted that the appellant is the widow of late Bhagaw who was working as a P/R worker in Kargali Washery, Central Coalfields Limited (CCL). Her husband was missing since 17/10/1988 while he was on duty and the said information was given to the management of the CCL. The appellant and her family members tried to search and waited for him till 25/10/1988, but he did not return. Thereafter, the appellant informed Bermo Police and also gave a written report about missing of her husband.