Authority: High Court at Calcutta, Constitutional Writ Jurisdiction

Order Date: 31 July 2026

Case Overview

  • Parties: Eastern Coalfields Limited (Petitioner) vs. Shiuly Bauri (daughter of the deceased) and Sakuntala Bauri (widow of the deceased) along with other respondents.
  • Nature of Proceeding: Writ petition (W.P.A. 29525 of 2025) challenging an award dated 19 June 2025 passed by the Central Government Industrial Tribunal‑cum‑Labour Court (CGIT), Asansol, in reference case No. 02 of 2020.
  • Background: Khudiram Bauri, a permanent chainman at Pandaveswar Area of ECL, died on 10 December 1996 leaving his wife Sakuntala Bauri and two daughters, Shiuly and Doli Bauri. The widow and daughter applied for compassionate appointment and monetary compensation under the National Coal Wage Agreement (NCWA‑VI).
  • Management’s Objections: ECL rejected the widow’s application on the ground that she had crossed the maximum age for employment and later the daughter’s application on the ground that she was a minor (under 18) at the time of the employee’s death, citing the medical board’s age assessment (18 years as on 03 Oct 1997, implying 17 years 2 months 7 days at death).
  • Petitioner’s Contentions: ECL argued that the widow had crossed the age limit of 60 years (she was 27 years on 01 Apr 1987, turning 60 on 01 Apr 2020) and that the daughter was a minor at the time of death, therefore ineligible for compassionate appointment.
  • Tribunal Award: The CGIT award (19 June 2025) directed ECL to:
  • Grant compassionate employment to Shiuly Bauri within three months of award communication.
  • Pay Monthly Monetary Cash Compensation (MMCC) to Sakuntala Bauri from the date of death (10 Dec 1996) until the daughter’s appointment.
  • Pay arrears of the monetary compensation to the widow within three months.
  • Send duplicate copies of the award to the Ministry of Labour, Government of India.
  • Court’s Observations:
  • The service record of the deceased showed Shiuly Bauri was 9 years old on 01 Apr 1987, making her 18 years 8 months on the date of death – thus she was not a minor at that date.
  • The medical board’s reliance on appearance‑based age assessment was flawed; the unchallenged nomination form should govern age determination.
  • Under Clause 9.5.0(ii) of NCWA‑VI, a female dependent below 45 years may elect either employment or monetary compensation; once the right vests, it cannot be withdrawn except by a process approved by law.
  • The widow, being 27 years in 1987 (approximately 36 years at death), had not crossed the 45‑year ceiling for compensation and therefore was entitled to MMCC.
  • The court cited the precedent Sukumoni Hembram vs Union of India (MAT 27 2024) affirming that a female dependent below 45 years retains the right to employment or compensation irrespective of being a minor at the employee’s death.
  • The management’s refusal amounted to arbitrary and illegal denial, violating Section 18(3) of the Industrial Disputes Act, 1947.

Final Outcome

  • The High Court upheld the CGIT award in its entirety.
  • The writ petition filed by Eastern Coalfields Limited was dismissed.
  • ECL is directed to:
  • Grant compassionate employment to Shiuly Bauri within three months of award communication.
  • Pay MMCC to Sakuntala Bauri from 10 Dec 1996 until the daughter’s appointment, and settle any arrears within three months.
  • Forward duplicate copies of the award to the Ministry of Labour.
  • All related applications and interim orders stand vacated; the judgment is final.

Topics: Industrial Relations, Compassionate Employment, Labour Law