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2026 DAILYLAW 4022 (JHR)

ETWARI KAMIN v. M/S BHARAT COKING COAL LTD. THRO ITS CHAIRMAN CUM MANAING DIRECTOR

WPC/132/2026 · 2026-01-15

Sri Ananda Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:977 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 132 of 2026 ------ Etwari Kamin, aged about 57 years, W/o Late, Kaila Beldar, R/o Vill-BCCL Colony, Chanwadih, PO & PS-Dugda, Dist-Bokaro, Jharkhand. … … Petitioner(s) Versus 1. M/s Bharat Coking Coal Limited, having its office at : Koyla Bhawan Koyla Nagar, Dhanbad, PO & PS-Dhanbad, Dist- Dhanbad, Jharkhand through its Chairman-cum-Managing Director. 2. General Manager, Govindpur Area No.3, BCCL, PO & PS- Govindpur, Dist-Dhanbad, Jharkhand. 3. Area Manager (Personnel), Govindpur Area No.3, BCCL, PO & PS-Govindpur, Dist-Dhanbad, Jharkhand. 4. Nodal Officer (Employment), Govindpur Area No.3, BCCL, PO & PS-Govindpur, Dist-Dhanbad, Jharkhand. 5. Project Officer, New Akashkinari Colliery, BCCL, PO & PS- Govindpur, Dist-Dhanbad, Jharkhand. 6. Commissioner, Coal Mines Provident Fund Organisation, PO & PS-Dhanbad, Dist-Dhanbad. 7. Sunila Devi, d/o Kunwar Chauhan, R/o Q. No. M181 BCCL Colony, Chanduwadih Dugda, PO & PS-Dugda, Dist-Bokaro, Jharkhand, Pincode 828404. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Saumitra Baroi, Advocate Ms. Sugandha Khalkho, Advocate For the Respondent(s) : Mr. Anoop Kr. Mehta, Advocate Mr. Amit Kumar Sinha, Advocate Mr. Praveen Tirkey, Advocate Mr. Prashant Kr. Singh, Advocate ------ 02/ 15th January, 2026 1. Heard the parties. 2. This writ petition has been filed by the petitioner to direct the respondent- Bharat Coking Coal Limited and its officers not to appoint Respondent No.7 on compassionate ground. 3. The petitioner is mother of the deceased employee- Kanhai Beldar. The claim of the petitioner is that Sunila Devi though claims to be the wife of the Kanhai Beldar, was not the wife, rather she was married to some other person and there was no 2026:JHHC:977 2 legal divorce obtained. He submits that without obtaining any divorce, there cannot be a valid marriage with the Kanhai Beldar, as the parties are governed by Hindu Law. 4. It is her case that since respondent No.7 cannot be said to be the wife of the deceased- Kanhai Beldar, she is not entitled for compassionate appointment. He lastly submits that he has filed a representation before the appropriate authority. 5. From the submissions made by the parties, considering the nature of dispute, I direct the petitioner to approach respondent No.2, the General Manager, Govindpur Area No.3, BCCL with the grievance. The respondent No.2, thereafter will hear all the parties concerned including respondent No.7 and will take an appropriate decision as to who is entitled for the grant of compassionate appointment. 6. The entire process should be concluded within a period of 12 weeks from the date of receipt of copy of this order. 7. The question of payment of post-retiral benefits will also be looked into by the respondent No.2. 8. Be it noted that I am not entering into the merit of this case. 9. Respondent No.2 will rely upon the documents, nomination etc., before coming to the appropriate conclusion. 10. This writ petition stands disposed of. (ANANDA SEN, J.) 15.01.2026 S.K.D., cp2 Uploaded on 21.01.2026