Calcutta High Court Upholds Tribunal’s Decision: ‘No Delay’ in Employment for Widow of Deceased Worker, Orders Compensation Until Appointment
Safiya Malik
The Calcutta High Court Single Bench of Justice Shampa Dutt (Paul) has dismissed a writ petition challenging the award issued by the Central Government Industrial Tribunal-cum-Labour Court, Asansol. The judgment, delivered on March 10, 2025, mandates Eastern Coalfields Limited (ECL) to provide employment to Smt. Guddi Devi, widow of Late Raj Mohan Rajbhar, within a stipulated period and compensate her monetarily from the date of her husband's demise.
The dispute originated from the claim that Late Raj Mohan Rajbhar, an employee of Madhavpur Colliery under the Kajora Area of ECL, was unlawfully terminated posthumously. The petitioner, Eastern Coalfields Limited, challenged the validity of the award dated September 27, 2023, passed by the CGIT, Asansol, in Reference No. 19 of 2008.
Raj Mohan Rajbhar was alleged to have been absent without authorization, leading to disciplinary proceedings. Due to his non-appearance, he was declared delinquent and subsequently terminated through a letter dated December 13, 2005. However, a communication dated January 28, 2006, informed the petitioner that Rajbhar had already passed away on November 5, 2005.
Following this revelation, the deceased employee’s widow, Smt. Guddi Devi, sought compassionate employment under the National Coal Wage Agreement (NCWA). When no employment was provided, an industrial dispute was raised, leading to conciliation proceedings. With conciliation failing, the Ministry of Labour referred the matter for adjudication before the CGIT, Asansol, which stated in favor of the widow, directing both employment and monetary compensation.
The tribunal noted that as per Clause 9.5.0 of the National Coal Wage Agreement, female dependents of deceased employees under 45 years of age are entitled to either employment or monetary compensation. The tribunal stated that since the employer failed to provide either in a timely manner, both employment and monetary compensation would be granted to the claimant.
Eastern Coalfields Limited contested this judgement on the grounds that the NCWA does not allow for both employment and monetary compensation simultaneously. The petitioner argued that the tribunal’s order was in contravention of the wage agreement's provisions and sought its annulment. The petitioner cited various legal precedents, including State of Bihar & Ors. vs. Shanti Kumari & Ors., and Managing Director, ECIL, Hyderabad & Ors. vs. B. Karunakar & Ors., to argue that compassionate employment is not an absolute right and must be strictly within the policy framework.
The High Court examined the case records and observed that Rajbhar had died while still in service, as his termination order was issued posthumously. The judgment recorded that:
"The dismissal of the workman was not significant any more as he has died before his termination and thus while in service."
The tribunal, after considering the clauses of the NCWA, held that the widow was entitled to exercise her option for employment since she was below the age of 45 at the time of her husband's demise. The court noted that the petitioner had delayed its obligations under the agreement, stating:
"In view of the facts and circumstances, I find it to be a fit case where the management of ECL should be stopped from taking the plea of ‘delay’ for not providing employment to the widow of the deceased employee."
The court also considered the extended duration of the case, with the claim originally made in 2006, the reference issued in 2008, and the final award given in 2023. The High Court took into account the prolonged legal battle and the financial hardship suffered by the claimant. It noted that:
"The management of ECL failed to comply with its obligation under the NCWA for an extended period, depriving the claimant of rightful benefits."
The judgment observed that the tribunal's directive to provide employment and monetary compensation was based on the principle of fairness. The court held that the monetary compensation was awarded due to the long delay in resolving the dispute. The judgement stated that monetary compensation was to be paid only until suitable employment was provided.
Additionally, the court examined the provisions of the NCWA and confirmed that Clause 9.5.0 permitted an eligible dependent to choose between monetary compensation and employment. Since the claimant was below 45 years of age at the time of the employee’s death, she had the legal right to seek employment. The court further observed that the refusal to provide employment on technical grounds was unjustified.
The court upheld the tribunal's award and directed the petitioner to comply within 30 days. The specific orders included:
- Employment must be provided to Smt. Guddi Devi within three months from the date of the notification of the award.
- Monetary compensation must be paid to her from the date of her husband's death until the employment is granted.
- Compensation payments must include statutory interest.
- If suitable employment is provided, monetary compensation shall cease from that date.
Advocates Representing the Parties
For the Petitioner (Eastern Coalfields Limited):
- Mr. Manik Das
For the Union of India:
- Mr. Soumak Bera
- Mr. Ashok Prasad
Case title: Eastern Coalfields Limited vs. Union of India & Ors.
Case Number: WPA 14830 of 2024
Bench: Justice Shampa Dutt (Paul)
[Read/Download order]
