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2026 DAILYLAW 34828 (CAL)

SAIRA KHATOON v. M/S EASTERN COALFIELDS LIMITED AND ORS

APOT/14/2026 · 2026-08-20

Madhuresh Prasad, Partha Pratim Roy

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 OD-3,4 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT/14/2026 IN WPO/76/2025 IA NO: GA/1/2026 SAIRA KHATOON -VS- M/S. EASTERN COALFIELDS LIMITED AND ORS. --- APOT/236/2025 IA NO: GA/2/2025 EASTERN COALFIELDS LIMITED AND ORS. -vs- SAIRA KHATOON AND ORS BEFORE: The Hon'ble JUSTICE MADHURESH PRASAD The Hon'ble JUSTICE PARTHA PRATIM ROY Date : 20.08.2026. Appearance: Mr. S. Dutta, Adv.; Ms. A. Shaw, Adv., appear for ECL. Mr. Subhrangsu Panda, Adv. Ms. Bratati Pramanick, Adv.; Ms. H. Roy, Adv. Mr. Anupam Singha, Adv. …appear for appellant in item 3 & for respondent in item 4. Mr. K. Guh a Th ak ur t a, Ad v.; Mr . D. Du t t a, Adv ; Mr. Md . W. Rah am an, Ad v ., ap p ea r for R-8 in it em 3 & R-2 in it em 4 . Mr. S. Ch ak ra b ort y, Adv ., ap p e ar for R- 9 . 2 THE COURT : The writ petitioner had a substantial claim for grant of benefits of monthly monetary cash compensation (MMCC) under the National Coal Wage Agreement(NCWA). The writ court considered the claim vis a vis the same claim being raised by respondent no.9 claiming to be the second wife. Under the circumstances, there was a direction upon the appellant company to consider the rival claims and decide the issue after taking an undertaking regarding relinquishment of the claim by the respondent. Today when the matter is taken up, the respondent no.9 is represented by learned Advocate who submits that the respondent no.9 had already relinquished her claim on 03.07.2012 by a document being Annexure P-10 in the writ petition. Such being the circumstances and in view of a decision of the coordinate Bench in the case of APOT/20502025 (Eastern Coalfields Ltd. & Ors. -vs- Maya Bouri), the learned Advocate for the appellant Company submits that subject to such undertaking being furnished on affidavit by the respondent no.9 before the authorities, the writ petitioner’s claim shall be considered. He, however, submits that instead of eight weeks granted by the learned Single Judge, this Court may grant 12 weeks to ensure that the exercise is complete. We consider such prayer to be a reasonable prayer. The appeal is accordingly disposed of along with the connected 3 application, for processing the writ petitioner’s claim for grant of MMCC under NCWA, subject to furnishing an undertaking for relinquishment by the respondent no.9 on affidavit. The entire exercise be completed by the ECL authorities within 12 weeks from the date of receipt/production of a copy of this order before the respondents. The claim is to be paid in terms of the coordinate Bench decision in the case of APOT/20502025 (Eastern Coalfields Ltd. & Ors. -vs- Maya Bouri. The cross appeal along with the connected application is also disposed of accordingly. (MADHURESH PRASAD, J.) (PARTHA PRATIM ROY, J.) tk