Disposed¶21

Madhabi Rajwar v. M/S Bharat Cocking Coal Ltd. through Its Managing Director

Jharkhand HC9 Sept 2024WPC/2947/2024

Case brief

AI extract

What is this about?

death-cum-retiral benefits; died in harness; compassionate appointment; Para 9.4.3 National Coal Wage Agreement; Bharat Coking Coal Limited; Coal India Limited subsidiary; Bhoura North Colliery; Dhanbad; representation undecided; direction to decide within four weeks; pensionary benefit; writ disposed; Ambuj Nath, J.; W.P. (S) No. 2947 of 2024.

What did the court decide?

Direction to Respondent No. 3 to decide the petitioner's application within four weeks in accordance with law, and to grant the pensionary benefit if the petitioner is found entitled; pending I.A., if any, disposed of. ¶21

Madhabi Rajwar Vs M/S Bharat Cocking Coal Ltd. through Its Managing Director — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2947 of 2024

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Madhabi Rajwar, aged about 37 years, widow of Late Samar Kumar Rajwar, resident of:162, Near Hanuman Mandir, Bhoura No:19, P.O.-Bhoura, P.S.-Jorapokhar, DistrictDhanbad … … Petitioner

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-Versus -

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M/S Bharat Coking Coal Limited; a Subsidiary of Coal India Limited having its registered office at “Koyla Bhawan”, Koyla Nagar, P.O. & P.S.-Saraidhela, District-Dhanbad through its Managing Director.

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2.Director (Personnel), M/S Bharat Coking Coal Limited; at “Koyla Bhawan”, Koyla Nagar, P.O. & P.S.-Saraidhela, District-Dhanbad.;

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3.Project Officer, Bhoura North Colliery, M/S Bharat Coking Coal Limited at “Koyla Bhawan”, Koyla Nagar, P.O. & P.S.-Saraidhela, District-Dhanbad ... … Respondents

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : M/s. Ashim Kumar Sahani, Advocate For the Respondents : M/s. Indrajit Sinha, Arpan Mishra, Advocate

04/09.09.2024

Heard the parties

The petitioner Madhabi Rajwar has filed this Writ Petition for issuance of direction upon the respondents to pay and release death-cum-retiral benefits of her husband Samar Kumar Rajwar who died in harness on 30.10.2022 while working as Piece Rated Underground Miner/Loader in Bhoura (North) Colliery under M/s Bharat Coking Coal Limited, a Subsidiary of Coal India Limited, Koyla Nagar, Dhanbad.

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The petitioner had filed a representation before the respondents for release of death-cum-retiral benefits of her husband. She has also prayed for her compassionate appointment on account of pre-mature death of her husband in terms of the provisions of Para: 9.4.3 of the National Coal Wage Agreement.

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Mr. Mr. Ashim Kumar Sahani, learned counsel for the petitioner has submitted that petitioner has filed representation before the Respondent No. 3- Project Officer, Bhoura North Colliery, M/s Bharat Coking Coal Limited at “Koyla Bhawan”, Koyla Nagar, District-Dhanbad on 08.06.2023 and she has also given reminder on 20.12.2023, but no order has been passed upon the representation. It was further submitted that due to non-payment of the retiral benefit, she is suffering hardship .

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Learned counsel appearing on behalf of the respondents submitted that the representation of the petitioner shall be disposed of by the Respondents within four weeks from the date of receipt of a copy of this order, in accordance with law.

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In view of the submissions made above, the Respondent No. 3.Project Officer, Bhoura North Colliery, M/s Bharat Coking Coal Limited is directed to take a decision on the application of the petitioner within four weeks from the date of receipt of a copy of this order, in accordance with law. If the petitioner is found entitled for the pensionary benefit, the same shall also be granted to her.

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With this direction, this Writ Petition is disposed of.

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Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J.)

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Nandini/Uploaded

Madhabi Rajwar v. M/S Bharat Cocking Coal Ltd. through Its Managing Director

Case brief

What is this about?

What did the court decide?

Madhabi Rajwar v. M/S Bharat Cocking Coal Ltd. through Its Managing Director

Case brief

What is this about?

What did the court decide?

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What the court decided

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