Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side
Order Date: 18/09/2026
Case Overview
- Petitioners: Koma Parida & others, family members (daughters, son‑in‑law) of a deceased Eastern Coalfields Limited employee who died in October 2000.
- No action taken by the family between 2000‑2007.
- 2007: Application for compassionate appointment of the son‑in‑law filed; remained pending and was rejected in 2016.
- Another unmarried daughter applied for compassionate appointment; rejected in 2019 on the ground of being under‑age at the time of death.
- The petitioners later filed an award case before the Industrial Tribunal‑cum‑Labour Court at Asansol (Award Case No. 26 of 2022); the tribunal dismissed it for non‑prosecution on 28 July 2026.
- The present writ petition was filed thereafter, seeking only Monthly Monetary Cash Compensation (MMCC) and not any compassionate appointment.
- The petitioners had not previously applied for MMCC; the court therefore granted them liberty to file an application for MMCC within two weeks of the order.
- The authorities are to consider the application under the bipartite National Coal Wage Agreement‑6.
- If the petitioners are found eligible, MMCC shall be granted retroactively from 2007 up to the date of the order, with the possibility of interest as prayed for by the petitioners.
- The entire consideration process must be concluded within eight weeks from the date of the application, and any disbursements are to be made as expeditiously as possible, but no later than three weeks after the decision.
- Specific payment schedule: MMCC for September 2026 must be paid by 30 September 2026; MMCC for each successive month must be paid by the first week of that month.
Final Outcome
- The writ petition is disposed of without any order as to costs.
- Petitioners are directed to apply for MMCC within two weeks; authorities to adjudicate and, if eligible, pay MMCC retroactively from 2007, with interest possible, adhering to the stipulated timelines.
Topics: Labor Compensation, Coal Industry, Court Order