Sushila Devi Vs Central Coal Fields Limited through Its Chairman Cum Managing Director

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (S) No. 1748 of 2023

Sushila Devi, aged about 45 years, Wife of Late Nageshwar Mahto, Resident of Palamu BadkiKudi Palamu, P.O. Palamu, P.S. Nawadih, District Bokaro, Jharkhand … … Petitioner

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Versus

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Central Coal Fields Limited through its Chairman-cum-Managing Director, AtDarbhanga House, P.O. & P.S. Kotwali, District Ranchi, Jharkhand

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Director (Personnel), Central Coal Fields Limited, At- Darbhanga House, P.O. &P.S. Kotwali, District: Ranchi, Jharkhand.

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General Manager, (P&I R), Central Coalfields Limited, At- Darbhanga House, P.O. & P.S. Kotwali, District: Ranchi, Jharkhand.

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The General Manager, Central Coal Fields Limited, Kathara Area, At & P.O.Kathara, P.S.- BTPS, District-Bokaro, Jharkhand.

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The Project Officer, Govindpur Project, Central Coal Fields Limited, AtGovindpur, P.O. & P.S.- BTPS, District-Bokaro, Jharkhand.

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Assistant Manager (Personnel), Govindpur Project, Central Coal Fields Limited, At- Govindpur, P.0. & P.S.- BTPS, District-Bokaro, Jharkhand.

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… … Respondents

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Harsh Chandra, Advocate For the Respondents : Mr. Radha Krishna Gupta, Adv. ---

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06/5^th March 2024

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1. Learned counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs: -

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“i) For quashing of the Letter no.- 1668 dated 03.09.2017 (Annexure-6) issued by Assistant Manager (Personnel) Govindpur Project whereby and whereunder the claim of the petitioner for grant of employment in CCL in lieu of Death of her husband, was rejected in an arbitrary manner without appreciating the correct facts available on record and without application of mind.

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ii) For direction upon the respondents to consider and grant employment to the petitioner in the light of provisions contained under para 9.5.0. of the National Coal Wages Agreement (hereinafter referred as N.C.W.A. for sake of convenience) as the petitioner is a female dependent upon the deceased employee and granting employment in respondent company is not by virtue of policy decision but rather as per tripartite agreement i.e. NCWA which is statutory in nature by virtue of Industrial Dispute Act, 1947 and further life span of the workers working in colliery is very law and as such on death or unfitness, jobless member of deceased or medical unfit worker are provided compassionate appointment. AND / OR

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To pass such other order / orders as your lordship may deem fit and proper for doing justice, in fact of present case.”

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3. Learned counsel for the petitioner has submitted that the husband of the petitioner had expired while in service of the respondents on 26.10.2006 but by

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2

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the impugned order, the service benefits has been denied to the widow of exemployee by recording that there has been inordinate delay in making the application and further the service linked records of the ex-employee does not reflect the name of the petitioner and children which was required to be disclosed by the ex-employee. The learned counsel has submitted that the aforesaid grounds are not tenable in the eyes of law and accordingly, the impugned order calls for interference.

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4. Learned counsel appearing on behalf of the respondents has opposed the prayer and submitted that since the name of the petitioner and children do not appear in the service record of the ex-employee therefore the impugned order does not call for any interference. The petitioner may have obtain the succession certificate to claim any relief.

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5. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that the petitioner claims that her husband, namely, Nageshwar Mahto, was appointed in Central Coalfields Limited and was working as Mazdoor Category-I in Govindpur Project, Kathara Area and he died on 26.10.2006 while in service. The petitioner claims to be the wife of the ex-employee and has one son and one daughter in the family. However, when the petitioner applied for service benefits, the same has been rejected on the ground of delay as well as observing that the service linked records of the ex-employee does not reflect the name of the petitioner and children.

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6. This Court is of the considered view that mere delay may not defeat all the entitlement of the petitioner to get death benefits of Nageshwar Mahto which she may be otherwise entitled in terms of the applicable circulars and applicable judicial pronouncements, but the fact remains that the name of the petitioner and her children do not reflect in the service linked records.

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7. In such circumstances, this Court is of the considered view that in order to claim post death benefits, the petitioner will have to obtain a succession certificate from the competent court of law and her claim can be considered in accordance with law only upon production of succession certificate.

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8. This writ petition is accordingly disposed of as such.

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9. Pending I.A., if any, is closed.

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(Anubha Rawat Choudhary, J.)

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Mukul

Sushila Devi v. Central Coal Fields Limited through Its Chairman Cum Managing Director

Case brief

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Sushila Devi v. Central Coal Fields Limited through Its Chairman Cum Managing Director

Case brief

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