NISHITA MHATRE, J. - (1.) The short question involved in the present petition is whether compensation is payable to the widow of an employee working in the collieries who was missing for seven years and was declared dead by the Civil Court.
(2.) The husband of the Respondent No.1 was employed as a Security Guard with J. K. Ropeways. He was working till 28th August, 1998. On and from 29th August, 1998, the employee was missing. A complaint was lodged with the Police on 6th September, 1998 being G.D. Entry No.282. Despite the search conducted, the employee was not found. An FIR was lodged on 13th July, 1999, being Andal Police Station Case No.160 of 1999 under Sections 302, 201, 120B and 84 of the IPC. According to the police, the husband of Respondent No.1 was murdered by some miscreants and his body was missing.
(3.) On 9th May, 2000 the Respondent No.1 submitted an application for employment in place of her husband under the provisions of the National Coal Wage Agreement. However, her application was rejected as there was no definite proof that her husband was dead. After seven years from the date on which the employee went missing, the Respondent No.1 filed Title Suit No.168 of 2005 before the Civil Judge (Junior Division), 1st Court, Durgapur. The suit was filed for a declaration that Md. Alam, the husband of Respondent No.1, should be deemed to be dead as he was missing since 29th August, 1998. Eastern Coal Fields Limited and its officers as well as J.K. Ropeways were impleaded as defendants in the suit.;