Partly allowed

Hazra Khatoon and Anr. v. Bharat Coaking Coal Limited through Its Chairman Cum Managing Director and Ors.

Jharkhand HC15 Feb 2021WPC/3936/2014

Case brief

AI extract

What is this about?

The High Court, Ranchi, holding that a petitioner rejecting monetary compensation is not time-barred, directed BCCL to grant subsistence allowance at Rs.1500/month under SAIL terms, payable from the date of death or until age 60.

What did the court decide?

Petitioner directed to file representation for subsistence allowance at Rs.1500/month from death date or until age 60; Respondent to verify age and process claim within four months.

Hazra Khatoon and Anr. Vs Bharat Coaking… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No.3936 of 2014

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Haza Khatun

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Abdul Raqueb

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..… Petitioners

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Versus

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Bharat Coking Coal Limited through its Chairman-cumManaging Director, Dhanbad, Jharkhand

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The Director (Personnel), Bharat Coking Coal Limited, Dhanbad

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The General Manager (P&IR), Bharat Coking Coal Ltd., Dhanbad, Jharkhand

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The Chief General Manager, Bharat Coking Coal Limited, Washeries Division, Saraidhela, Dhanbad, Jharkhand

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The Project Officer, Bharat Coking Coal Limited, Dugda Coal Washeries, Bokaro, Jharkhand

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The Deputy Personnel Manager, Bharat Coking Coal Limited, Dugda Coal Washery, Dugda, Bokaro, Jharkhand

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….. Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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--------For the Petitioner : Mr. Om Prakash Prasad, Advocate For the Respondents : Mr. A.K. Mehta, Advocate

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18/15.02.2021 Heard learned counsel for the parties through V.C. 2. The instant writ application was initially preferred for quashing the order dated 30.10.2013 passed by Respondent No.5; whereby the claim of the petitioner no.2 for his employment in lieu of death of his father in terms of resolution dated 14.12.1993 of the respondents, has been rejected.

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During pendency of this writ application an amendment application being I.A. No.2476 of 2016 was filed and allowed, for amendment in the prayer portion for a direction upon the concerned respondents to the effect that the respondents be directed to immediately make payment of monetary compensation from the date of death of deceased employee with effect from 27.8.2000.

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3. A counter affidavit has been filed in this case wherein at Paragraph-7 it has been stated as under:

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“ 7. That the statements made in paragraph 4, 5(A),

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5(B), 5(c), 5 (D), 5€ are matters of record. It is correct that Late Abdul Mazid was appointed by the

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erstwhile Central Coal Washery Organization (CCWO) under the Steel Authority of India Limited (SAIL). It is also a matter of record that CCWO of SAIL was transferred to BCCL w.e.f. 01.10.1983. At the time of merger of CCWO into BCCL the existing employees were allowed to exercise option to continue to be governed by the SAIL terms and conditions of service or to come over to NCWA Scale of pay. It is matter of record that the husband of the petitioner opted for SAIL terms and conditions of service and therefore the Settlement arrived at on 14.12.1993 would apply to the case of the petitioners under which a female dependant is to be allowed subsistence allowance @ Rs.1500/- per month till she reaches the age of 60 years. ”

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4. Mr. Anup Kumar Mehta, learned counsel for the respondents submits that the Project Officer of the concerned coal washery vide letter dated 08.10.2013 has informed the petitioner that the petitioner was sanctioned monetary compensation as per bipartite agreement but since the petitioner did not accept the same; the claim for monetary benefit stands forfeited and that there was no provision in the scheme for entertaining the claim of employment of the son of the petitioner on attaining the age of 13 years because the same has become a belated case and accordingly it has become time barred.

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5. Having heard learned counsel for the parties and after going through the averments made in the respective affidavits it appears that at the time of transfer and merger of Central Coal Washery Organisation (CCWO) of Steel Authority of India Ltd. (SAIL) with Bharat Coking Coal Ltd. (BCCL), existing employees were allowed to exercise option to continue to be governed by the SAIL terms and conditions of service or to opt to be guided under National Coal Wage Agreement (NCWA). As the husband of the petitioner opted for SAIL terms and conditions of service; therefore the petitioner

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continue to be covered by the same terms and as per the terms and condition of service, a settlement was arrived at on 14.12.1993 to the effect that in cases like that of the petitioner, a female dependent is to be paid subsistence allowance at the rate of Rs.1,500/- till she attains the age of 60 years.

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6. In this view of the matter, so far as the prayer of compassionate appointment/employment is concerned; the same is not rejected; however, the petitioner is certainly entitled for monetary compensation with effect from the date of death of her husband as per SAIL terms and condition of service .

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It is true that respondents offered the petitioner No.1 for monetary compensation, but since she did not accept the same, the claim was forfeited. However, in the interest of justice and also as per the terms of settlement arrived at on 14.12.1993, I hold that the petitioner is entitled for monetary compensation/subsistence allowance at the rate of Rs.1,500/- per month till she attains the age of 60 years.

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7. In view of the aforesaid finding, the instant writ application is partly allowed and the petitioner No.1 is directed to approach Respondent No. 5 by filing a representation along with proof of her age to claim monetary compensation/subsistence allowance from the date of death of her deceased husband. The moment the Project Officer receives the claim/representation, he shall verify the age of the petitioner no.1 and pass an order for payment of current subsistence allowance and the arrears thereof. If the petitioner has already attained the age of 60 years, she will be paid the arrear of the monetary compensation/subsistence allowance at the rate of Rs.1,500/- per month till she attained the age of 60 years.

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It is made clear that since the matter is very old, Respondent No.5 shall do the entire exercise within a period of four months from the date of receipt of such representation.

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8. With the aforesaid terms, the instant application

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stands disposed of.

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(Deepak Roshan, J.)

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sm/

Hazra Khatoon and Anr. v. Bharat Coaking Coal Limited through Its Chairman Cum Managing Director and Ors.

Case brief

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Hazra Khatoon and Anr. v. Bharat Coaking Coal Limited through Its Chairman Cum Managing Director and Ors.

Case brief

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What did the court decide?

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