Eastern Coal Field Ltd. and Ors. Vs Lakhan Goudo and Ors. — Calcutta HC (2025) — LawSathi Research

Eastern Coal Field Ltd. and Ors. Vs Lakhan Goudo and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Review application RVW 70 of 2025 disposed of with clarification that petitioner no.2 receives MMCC from 16th April, 2011 at the prevalent rate up to 26th January, 2025, with interest from 16th April, 2011 to 26th January, 2025 at 6% per annum for the defaulted period; connected application CAN 1 of 2025 also stands disposed of.

Issue for consideration

Whether the order dated 27th January, 2025 under review requires correction of the date of death-in-harness of the employee, recorded on its page three as 14th May, 2011 instead of 16th April, 2011. +1 more

Court's answer

The date of death-in-harness of the employee is 16th April, 2011 and not 14th May, 2011 as wrongly recorded in the order under review.

Ratio / Principle

Petitioner no.2 shall get MMCC from 16th April, 2011 at the prevalent rate and shall continue to get the same at the rates prevalent from time to time up to 26th January, 2025.

Key takeaways

Interest is payable from 16th April, 2011 till 26th January, 2025 at the prevalent rate with accrued interest thereon.ratio¶14
The rate of interest for the defaulted period between 16th April, 2011 and 26th January, 2025 shall be 6% per annum.ratio¶14

Detailed headnote1 paragraphs

Review application RVW 70 of 2025 (with CAN 1 of 2025) by Eastern Coal Field Limited & Ors. in the matter of WPA 19688 of 2024 (Eastern Coal Field Limited & Ors. v. Sri Lakhan Goudo & Ors.), decided on 11.04.2025 by Arindam Mukherjee, J.: a review predominantly for correction of dates in the order dated 27th January, 2025, which had granted compassionate appointment (sought on 27th December, 2011) but misrecorded the employee's death-in-harness date as 14th May, 2011. The Court clarified that the employee died-in-harness on 16th April, 2011; petitioner no.2, the widow, is entitled to Monthly Monetary Cash Compensation (MMCC) from 16th April, 2011 at the prevalent rate, continuing at rates prevalent from time to time up to 26th January, 2025, with interest for the defaulted period (16th April, 2011 to 26th January, 2025) at 6% per annum. Review application and connected CAN 1 of 2025 disposed of.

11.04.2025 Court No.23

DL/Item No.– 5 [Milan, A.R. (Ct.)]

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side

RVW 70 of 2025 With CAN 1 of 2025 In WPA 19688 of 2024

Eastern Coal Field Limited & Ors. versus Sri Lakhan Goudo & Ors.

Mr. Krishnendu Bhattacharya, Mr. Rounak Majumdar

….for the review applicants/Petitioners

Mr. Prolay Bhattacharya, Ms. Tanusree Ghosh, Mr. Koushik Roy

…… for the respondents This is a review application predominantly for correction of certain dates and not for review of the order as a whole, although Eastern Coalfields Limited (in short, “ECL”) tries to object to a finding in the order under review. It will appear from the first page of the order dated 27^th January, 2025 under review that the employee concerned being the husband of the petitioner no.2 and the father of petitioner no.1 died-in-harness on 16^th April, 2011, but in page three of the said order, the said date has gone down as 14^th May, 2011 instead of 16^th April, 2011.

In the first page of the said order, it has also been recorded that compassionate appointment was sought for on 27^th December, 2011. The order in the first page

2

also refers that compassionate appointment has been granted by an order dated 27^th January, 2025, it has been also held in the said order that Monthly Monetary Cash Compensation (in short, “MMCC”) has become due and payable to the petitioner no.2 being the widow of the deceased employee from the date of the death of her husband, which is 16^th April, 2011 and not 14^th May, 2011 as wrongly recorded in the said order.

In the aforesaid facts and circumstances, it is clarified that the petitioner no.2 shall get the MMCC from 16^th April, 2011 at the prevalent rate and shall continue to get the same at the rates prevalent from time to time upto 26^th January, 2025.

The order is further clarified that the interest has to be from 16^th April, 2011 till 26^th January, 2025 at the prevalent rate with accrued interest thereon. The rate of interest shall also be 6% per annum for the defaulted period that is between 16^th April, 2011 and 26^th January, 2025.

With this clarification, the review application being RVW 70 of 2025 is accordingly disposed of.

Since the main review application is disposed of, the connected application being CAN 1 of 2025 also stands disposed of.

(Arindam Mukherjee, J.)