The Calcutta High Court recently delivered a significant ruling reinforcing the rights of dependents of deceased workers. Justice Aniruddha Roy, presiding over the case Maya Bouri vs. Eastern Coalfields Limited & Ors., emphasized that monetary compensation under the National Coal Wage Agreement (NCWA-VI) must be provided to eligible dependents, even if no specific application is made.
Background of the Case
The petitioner, Maya Bouri, is the widow of Bodi Bouri, a former employee of Eastern Coalfields Limited, who died while in service on July 7, 2002. Shortly after his death, she applied on December 30, 2002, requesting compassionate appointment for her son-in-law. However, no action was taken by the coal company for over two decades.
Now at the age of 65, Maya Bouri approached the court again, not for a job, but for monetary compensation under Clause 9.5.0 of the NCWA-VI. This clause states that if the female dependent is above 45 years of age at the time of the employee’s death, she is entitled to monetary compensation only.
Court's Observations and Legal Standpoint
Justice Roy noted that the petitioner was indeed qualified to receive compensation. According to the agreement, in cases where the death of the employee is not due to a mine accident, the female dependent—if above 45—is entitled to compensation, not employment.
“The benefit for compassionate appointment or related monetary compensation has to be and should have been reckoned from the date of death of the employee.”
The court also emphasized that such welfare schemes should be interpreted liberally to benefit the families of deceased workers. It stated that a technical delay or procedural lapse should not obstruct the rightful claim of dependents if eligibility is otherwise clear.
Employer's Argument
Eastern Coalfields argued that since Maya Bouri initially applied only for her son-in-law and did not claim monetary benefits at the time, her request was not valid. They further claimed she did not submit proof of her son-in-law’s dependency on the deceased employee, which made the initial request invalid under Clause 9.3.3.
However, the court highlighted that her December 2002 application was a legitimate invocation of the scheme and should have triggered an evaluation by the company.
Court’s Reference to Past Judgments
Justice Roy referred to two notable cases—Putul Rabidas and Sumi Kamin & Ors.—where the Calcutta High Court had ruled that:
“Compensation by payment of money to a female dependent of a deceased worker is automatic upon death… Even no application is required to be made.”
In these rulings, the Court clarified that the right to compensation crystallizes the moment the worker dies, and the employer bears the obligation to extend the benefit proactively.
The Court directed Eastern Coalfields Limited to calculate and release the monetary compensation to Maya Bouri within three months from the date of judgment. However, it rejected her plea for interest due to the long delay in pursuing her claim.
Accordingly, the present petition was allowed.
Case Title: MAYA BOURI Versus M/s. EASTERN COALFIELDS LIMITED & ORS.
Case Number: WPO No.33 of 2025
Judgment Date: 20/05/2025
For the Petitioner : Mr. Subhrangsu Panda, Adv. Ms. Bratati Pramanik, Adv. Ms. H. Roy, Adv. Mr. Ratul Ghosal, Adv.
For the Respondent : Mr. Anup Kanti Poddar, Adv.. Ms. Khusboo Ruia, Adv. Ms. Anjali Shaw, Adv.
