South Eastern Coalfields Limited v. Birhulia

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.225 of 2016

1. South Eastern Coalfields Limited through its Chief Managing Director (S.E.C.L. Head Office), Seepat Road, Bilaspur, Post & P.S. Sarkanda, Tahsil Bilaspur, Revenue and Civil District Bilaspur, Chhattisgarh 495006

2. South Eastern Coalfields Limited through its Chief General Manager (Bishrampur Area), Post & P.S. Bishrampur, Tahsil Surajpur, Revenue & Civil District Surajpur, Chhattisgarh

3. Personnel Manager (Rehar, Gayatri, Jai Nagar Sub Area) Tahsil Surajpur, Revenue and Civil District Surajpur, Chhattisgarh

4. Sub Area Manager, Jai Nagar Sub Area, Tahsil Surajpur, Revenue and Civil District Surajpur, Chhattisgarh ---- Appellants versus

1. Birhulia, W/o Late Shri Sujaan Ram, aged about 60 years,

2. Parmeshwar, S/o Late Sujaan Ram, aged about 35 years, Both resident of Village Pachira, P.S. and P.O. Surajpur, Tahsil Surajpur, Revenue and Civil District Surajpur, Chhattisgarh ---- Respondents For Appellants :

Shri Vivek Chopda, Advocate For Respondents :

Shri Surfaraz Khan, Advocate Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Deepak Gupta, Chief Justice 24.8.2016

1. By means of this writ appeal the Appellants have challenged the judgment of the Learned Single Judge dated 19.2.2016 passed in Writ Petition (S) No.585 of 2015, whereby the writ petition was allowed and the Petitioners/Respondents herein were held entitled to monetary compensation.

2. We had asked the parties to produce the scheme under which the monetary compensation is payable. A photo copy of the scheme is now placed before us.

3. The only point raised before us is that the monetary compensation, wherever applicable, is payable till the female dependant attains the

age of 60 years.

4. Paragraph 10 of the impugned judgment clearly says that the payment of monetary compensation shall be continued as permissible under NCWA-VI.

5. We fail to understand why the South Eastern Coalfields Limited thought it fit to file the instant appeal in the present manner. This is the third case which has come to the notice of this Court where the South Eastern Coalfields Limited has filed totally frivolous case.

6. Accordingly, we dismiss the instant writ appeal. Cost of Rs.10,000/- (Rupees Ten Thousand) is imposed upon the Appellants/South Eastern Coalfields Limited for filing a frivolous case, i.e., the instant writ appeal. The cost is payable to the High Court Legal Services Committee within one month from today.

7. A copy of this order be sent to the Chief Managing Director, South Eastern Coalfields Limited, Head Office, Seepat Road, Bilaspur with a direction to ensure that cases are not filed by the South Eastern Coalfields Limited on false and frivolous grounds. Sd/- Sd/- (Deepak Gupta) (P. Sam Koshy) CHIEF JUSTICE JUDGE Gopal