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Calcutta High CourtMAT/466/2016disposed

Sadhu Soren @ Bhudashar Soren & ORS v. The Managing Director, Durgapur Project Ltd & ORS

2025-06-09Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

09.06.2025.

Item No.30.

Court No. 13 pk M.A.T. No. 466 of 2016 With I.A. No. CAN 1 of 2017(Old No: CAN 9661 of 2017) CAN 2 of 2025 Sadhu Soren @ Sri Bhudashar Soren and others

Versus

The Managing Director, Durgapur Project Ltd. & Ors.

Mr. Apurba Kumar Dutta, Mr. Kuntal Banerjee ...For the appellants.

Mr. Sujit Sankar Koley ...For the D. P. L.

Re: CAN 1 of 2017(Old No: CAN 9661 of 2017)

1. Affidavit of service filed in Court is taken on record.

2. Sufficient grounds are available to explain the delay of 108 days in filing the instant appeal. Hence, the delay is condoned.

3. Accordingly, CAN 1 of 2017 is allowed and disposed of.

Re: M.A.T. No. 466 of 2016 4.

The appeal is directed against an order dated 5th October, 2015 passed by the Single Bench of this Court in W. P. 16486(w) of 2015.

5.

The writ petitioners/appellants and the private respondent nos. 4 to 6 claim to be the legal heirs of the deceased employee, namely, Shankar Soren.

6.

The learned counsel for the appellants submits that the terminal benefits of Shankar Soren should be disbursed equally between the appellant nos. 1 to 4 and the respondent nos. 4 to 6 in the appeal. He

submits that they are the only legal heirs of the deceased Shankar Soren. The documents filed with the employer, namely, Durgapur Projects Limited indicate only four names as opposed to the seven claimants in the instant appeal.

7.

In that view of the matter, the appellants and the private respondent nos. 4 to 6 may obtain appropriate certificate of legal heirship and/or succession certificate from the competent court to avail service benefits of the deceased employee, Shankar Soren.

8.

In view of the above, the impugned order dated 5th October, 2015 shall stand modified accordingly. 9.

Accordingly, MAT 466 of 2016 is disposed of.

Consequently, CAN 2 of 2025 is also disposed of. 10.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)