Soni Kisku Alias Sani Kisku vs M/S. Eastern Coalfields Limited & Ors on 23 March, 2026

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    Calcutta High Court

    Soni Kisku Alias Sani Kisku vs M/S. Eastern Coalfields Limited & Ors on 23 March, 2026

    Author: Amrita Sinha

    Bench: Amrita Sinha

    OD-6
                                ORDER SHEET
    
                             WPO No.423 of 2025
                      IN THE HIGH COURT AT CALCUTTA
                        Constitutional Writ Jurisdiction
                               ORIGINAL SIDE
    
    
                         SONI KISKU ALIAS SANI KISKU
                                   -VS-
                         M/S. EASTERN COALFIELDS LIMITED & ORS.
    
    
    
    BEFORE:
    The Hon'ble JUSTICE AMRITA SINHA
    Date: 23rd March, 2026.
                                                                       Appearance:
                                                     Mr. Subhrangsu Panda, Adv.
                                                     Ms. Bratati Pramanick, Adv.
                                                           Mr. Ratul Ghosal, Adv.
                                                        Mr. Anupam Singha, Adv.
                                                              ...for the Petitioner.
    
                                                     Mr. Anup Kanti Poddar, Adv.
                                                           Ms. Anjali Shaw, Adv.
                                                              ...for respondents.

    1. The petitioner’s claim for monthly monetary compensation has been

    turned down by the Eastern Coalfields Limited. The petitioner is

    SPONSORED

    aggrieved by the same.

    2. It appears that in the matter of Maya Bouri in WPO No.33 of 2025, a

    Co-ordinate Bench of this Court delivered judgment on 20 th May, 2025

    directing the Eastern Coalfields Limited to pay monthly monetary

    compensation to the claimant on and from the next date of death of the

    employee.

    3. While passing order in Maya Bouri (supra) the Court took note of the

    judgment passed by the Hon’ble Division Bench in the matter of

    Eastern Coalfields Limited vs. Sumi Kamim & Ors. reported in
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    2024 SCC Online [Cal] 7573 and the judgment passed by the Hon’ble

    Larger Bench of this Court in the matter of Putul Rabidas vs. Eastern

    Coalfields Ltd. & Ors. reported in [2018] 2 Cal LJ 1 : [2019] 2 CHN

    662 [LB] that there is financial security which is offered to the female

    dependent of a deceased workman and the right crystallises

    instantaneously upon the death of the workman. The monthly

    monetary compensation is to be paid by the petitioner irrespective of

    any claim.

    4. In the instant case the reasoned order passed by the General Manager

    on 4th August, 2025 impugned in the instant writ petition highlights

    the delay of the claim of the claimant in approaching the authority for

    employment. It appears that the authority missed to notice the relevant

    provision in the NCWA.

    5. Be that as it may, the appeal which was preferred by the Eastern

    Coalfields Limited against the judgment passed in the matter of Maya

    Bouri [supra] was taken up for consideration by the Hon’ble Division

    Bench on 26th February, 2026 and the submission of the learned

    advocate representing the Eastern Coalfields Limited was recorded that

    the Company was willing to comply with the order of the Hon’ble Single

    Bench. The appeal has been made returnable after a period of four

    weeks.

    6. Learned advocate representing the Eastern Coalfields Limited submits

    that the authority would comply with the order passed in the matter of

    Maya Bouri (supra).

    7. However, Eastern Coalfields Limited intends to revert with a report.
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    8. In view of the same, relist the matter for further consideration on 13th

    April, 2026. A report shall be prepared and circulated by 10th April,

    2026.

    9. In the event the authority intends to pay monetary compensation to

    the petitioner, then calculation pursuant to which such payment will

    be made shall be incorporated in the report.

    10. Supplementary affidavit filed in Court today is taken on record.

    (AMRITA SINHA, J.)

    nm



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