Bhari Bouri Alias Bauri v. M/S Eastern Coal Fields Ltd And ORS
Form No. J(2)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/804/2023 BHARI BOURI @ BAURI.
VERSUS
M/S. EASTERN COAL FIELDS LIMITED AND ORS.
PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY For the petitioners :
:Mr. Partha Ghosh, Advocate Mr. Amal K. Datta, Advocate Mr. Debashis Das, Advocate Mr. Bratin Suin, Advocate For the respondent :Mr. Manik Das, Advocate Heard on : August 19, 2025.
Judgment on : August 19, 2025.
ANIRUDDHA ROY,J. :
1. The petitioner is the widow of the concerned employee namely Lakhiram Bouri, since deceased, who suffered an untimely death on August 2, 1996 during his employment. Pursuant to the prevailing National Coal Wage Agreement, the petitioner claims monetary benefit - MMCC.
2. By the impugned order dated May 28, 2021 Annexure P-10 at page 42 to the writ petition, the MMCC benefit was granted and directed to be paid to the petitioner with immediate effect till the petitioner attains the age of 60 years/death, whichever is earlier.
3. The law is now well settled In the matter of : Maya Bouri vs. M/s. Eastern Coalfields Ltd. & Ors. rendered in WPO/33/2025 under the judgment dated May 20, 2025 that the relevant date of commencement of such benefit shall be the Date of Death of the employee concerned.
4. Accordingly, the findings in the impugned order with regard to the date of commencement of payment as mentioned therein stand set aside and quashed.
5. 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.
6. With the above observation and direction, this writ petition WPO/804/2023 stands allowed, without any order as to costs. (ANIRUDDHA ROY, J.) dg)