Chapala Kora v. M/S Eastern Coal Fields Limited And ORS

10.01.2022 Ct. No.23 (NB)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 20163 of 2021 (via Video Conference) Chapala Kora Vs.

M/s Eastern Coal Fields Limited & Ors.

Mr. Partha Ghosh ... for the petitioner.

Ms. Priti Banerjee ...for the respondents.

After hearing the parties and considering the materials on record, I find that there is no scope of passing any mandatory order directing payment of Monthly Monetary Cash Compensation (in short "MMCC") to the petitioner at this stage. The petitioner's representation dated 11th August, 2019 in connection with MMCC to be disposed of within a period of four weeks from the date of communication of a server copy of this order. The Eastern Coal Fields Limited (in short "ECL") and its officers shall act on basis of a server copy of this order instead of insisting upon production of a certified copy thereof. The competent authority of ECL shall decide the issues involved in the petitioner's representation dated 11th August, 2019 by a reasoned order after affording the petitioners a reasonable opportunity to represent her case by observing the prevailing Covid-19 norms.

The authority shall specifically decide as to whether the petitioners are entitled to MMCC and if so, from which date. The competent authority if is of the view that the petitioners are entitled to MMCC but from any other date and not from the date of death of the petitioner's husband being the deceased employee shall specify the reasons for the same.

The reasoned order shall be communicated to the petitioner within a period of ten days from the date of passing of the same. Nothing further remains to be adjudicated in this writ petition.

The writ petition is, therefor, disposed of.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted by the respondents.

(Arindam Mukherjee, J.)