Mukhi Mejhan v. M/S.Eastern Coal Fields Limited And ORS.

OD-7

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/77/2025 MUKHI MEJHAN VS M/S.EASTERN COAL FIELDS LIMITED & ORS.

BEFORE:

The Hon'ble JUSTICE ANIRUDDHA ROY Date : 19th June, 2025.

Appearance:

Mr. Subhrangsu Panda, Adv.

Ms. Bratati Pramanick, Adv.

Ms. Haritri Roy, Adv.

Mr. Ratul Ghosal, Adv.

...... for the petitioner.

Mr. Anup Kanti Poddar, Adv.

Ms. Priti Banerjee, Adv.

...... for respondents/ECL.

The Court: The petitioner is the widow of one Baneswar Majhi, since deceased, who was an employee of the Coal Company. The deceased employee has suffered an untimely death during his employment tenure on October 10, 2012. The death Certificate is Annexure P-1 at page 34 to the writ petition. After the death of the employee, the petitioner, had applied for compassionate employment and compensation under the relevant Coal Agreement (NCWA) Scheme. No step was taken on the application submitted by the petitioner on August 1, 2014, Annexure P-4 at page 41 to the writ petition.

Then the petitioner applied for monetary compensation under said NCWA Scheme on August 1, 2014 and January 16, 2025, Annexures P-4 and P-5 at pages 41 and 43 to the writ petition. The same is still pending for consideration before the Coal Company. At this juncture, the instant writ petition has been filed on or about January 28, 2025. The principal relief claimed by the petitioner would appear from prayer (b) to the writ petition claiming monetary compensation only in terms of the said NCWA Scheme. Mr. Panda, learned Counsel appearing for the petitioner, on instruction from his client, submits that the petitioner's prayer today before this Court is only restricted to such monetary compensation with interest and nothing more than that.

Mr. Panda relying upon a decision of this Court dated May 20, 2025 In the matter of : Maya Bouri vs. M/s. Eastern Coalfields Ltd. & Ors. rendered in WPO/33/2025 submits that, law is now well-settled that it is the obligation of the Coal Company to pay monetary compensation payable to the petitioner in accordance with law.

This Court has been informed that till date no appeal has been preferred from the said judgment of this Court dated May 20, 2025. The document at page 41 to the writ petition shows that the monetary compensation application was filed by the petitioner on August 1, 2014 and, thereafter, the same was pursued by the petitioner by submitting another application dated January 16, 2025, Annexure P-5 at page 43 to the writ petition. In between ten years had passed and the petitioner chose not to take

any step whatsoever. Thereafter, in 2025 the instant writ petition has been filed which is also after ten years from the said application dated August 1, 2014.

Learned Counsel for the respondents Coal Company submits that the said document dated August 1, 2014 was not received by the Coal Company. While considering the prayer for grant of interest, this Constitutional Court in exercise of its equitable jurisdiction must also take these facts into account.

To grant or not to grant interest, unless specifically agreed by and between the parties or provided under the statute or in law, the same is the discretion of the Court. This Constitutional Court, while exercising its plenary power under Article 226 of the Constitution of India, also exercises equitable jurisdiction.

In view of the facts already narrated above, this Court rejects the prayer for interest.

After considering the submissions made on behalf of the parties and upon perusal of the materials on record and in view of the discussions and reasons recorded In the matter of : Maya Bouri (Supra), the appropriate authority of the respondents is directed to quantify the monetary compensation payable to the petitioner strictly in accordance with law and upon compliance of all formalities and legal requirements and also upon furnishing required documents and records by the petitioner, shall release and pay the monetary compensation to the petitioner positively within a period of Three Months from

the date of communication of this order. The relevant date for the purpose of quantifying the compensation should be Date of Death of the employee concerned.

With the above observation and direction, this writ petition WPO/77/2025 stands allowed, without any order as to costs. (ANIRUDDHA ROY, J.) nm