Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 35180 (JHR)

SADHWA DEVI v. M/S BHARAT COKING COAL LIMITED

WPC/5836/2025 · 2025-10-16

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:32153 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5836 of 2025 ------ Sadhwa Devi, wife of Late Lal Murmu, resident of Mohalabani Basti, village- Bhoura, P.O and P.S.- Nayadih, District- Dhanbad (Jharkhand). … Petitioner(s) Versus 1. M/s Bharat Coking Coal Limited through its C.M.D., Koyla Bhawan, Koyla Nagar, Dhanbad, P.O and P.S. Saraidhela, District- Dhanbad. 2. The General Manager, M/s Bharat Coking Coal Limited, East Basuria Colliery, Area No. 6, P.O and P.S. Bhuli, District- Dhanbad. 3. The Project Officer, M/s Bharat Coking Coal Limited, East Basuria Colliery, Area No. 6, P.O and P.S. Bhuli, District- Dhanbad. ... Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): Mr. Shekhar Prasad Sinha, Advocate. For BCCL M/s Indrajit Sinha and Pradyot Chatterjee, Advocates. ------ 03/16.10.2025: Heard the learned counsel for the parties. 2. In this writ petition, the petitioner has prayed for grant of monetary compensation in lieu of compassionate appointment. . 3. It is the case of the petitioner that she is the widow of late Lal Murmu, who was an employee of M/s Bharat Coking Coal Limited (BCCL). At the time of death on 28.10.2006, the husband of the petitioner was posted as Miner Loader, East Basuria Colliery, Area No. 6, BCCL, Dhanbad. 4. Counsel for the petitioner submits that the petitioner, being the widow and now she is aged about more than 49 years, cannot be provided compassionate appointment rather she can be granted the monetary compensation in lieu of compassionate appointment in terms of Clause 9.5.0 (iii) of the National Coal Wage Agreement (NCWA). He further submits that the case of the petitioner be considered and the monetary compensation be paid to her from the date of death of the employee. 5. The counsel appearing on behalf of BCCL submits that if the petitioner files a detailed representation before the the Project Officer, East Basuria Colliery, Area No. 6, BCCL, her case can be considered strictly as per law and Rules framed as well as considering the Rules of NCWA. 6. Considering the submissions made above, the petitioner is directed to file her representation along with a copy of this order before Project Officer, East Basuria Colliery, Area No. 6, BCCL within a period of four 2. weeks from today, which will be considered as per Rules and prevalent law and a reasoned order be passed. If it is found that the monetary compensation can be paid to the petitioner, the same should be extended to her from the date of death of the employee as per Rules fixed and framed from time to time within a period of ten weeks from the date of filing of the representation. 7. If it is held that the petitioner is not entitled for any relief, a reasoned order to that effect indicating the reason of such denial should be communicated to her within such period. 8. With the aforesaid observations and directions, this writ petition stands disposed of. 16th October, 2025 Anu/-Cp2. (ANANDA SEN, J.)