Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order passed by the Labour Court Dhanbad in M.J. Case No. 13 of 2015, on an application filed under Section 33 (C) (2) of the Industrial Disputes Act, 1947, whereby and whereunder the Labour Court has passed an order on 28.09.2018, directing the petitioner-Management to pay monetary compensation to the respondent as provided under Clause 9.5.0 of the National Coal Wage Agreement by adjusting the amount which was already paid i.e. from 12.11.2006, i.e. the date of death of employee to December, 2009 within 60 days from the passing of the order, failing which the Management will be liable to pay the monetary compensation alongwith simple interest @ 12 per cent per annum from the expiry of the period of 60 days till the date of actual payment.
(2.) Mr. Amit Kumar Das, learned counsel for the petitioner-Management has raised the issue that the learned Labour Court while deciding the application filed under Section 33 (C) (2) of the Industrial Disputes Act, 1947 has not taken into consideration the Circular dated 08.04.1995 (Annexure-3), issued by the Coal India Limited, whereby and whereunder it has been decided to pay the monetary compensation on account of death of the deceased-employee from the date of application and therefore, the respondent-workman is entitled to get the monetary compensation from the date of application i.e. from 28.07.2007 and not from the date of the death of the deceased-employee i.e. 12.11.2006.
(3.) Mr. Niranjan Singh, learned counsel appearing for the Respondent-workman has disputed the aforesaid submission and the grounds urged by the learned counsel for the petitioner, as aforesaid by submitting that in the National Coal Wage Agreement, there is no stipulation of any date from which the monetary compensation is to be paid after the death of the deceased employee in harness and therefore, from the date of death only the amount of compensation is to be made and accordingly, the Labour Court after considering this aspect of the matter has passed an order for making payment of the monetary compensation from the date of death, hence, there is no infirmity in the impugned order. He has relied upon the order passed by this Court in the case of Putul Devi-Vs.-M/s. Bharat Coking Coal Limited & Ors.,2012 1 JCR 436 (Jhr), in the case of Dukhni Devi-Vs.-M/s. Bharat Coking Coal Limited & Ors., 2014 2 JCR 117 (Jhr), unreported order passed by a Coordinate Bench of this Court in W.P. (S) No. 6247 of 2009 in the case of Smt. Ramawati Devi-Vs.-Bharat Coking Coal Ltd. & Ors., judgment rendered in the case of Sitwa Devi-Vs.- Bharat Coking Coal Limited through its Managing Director & Ors., 2018 4 JLJR 14 , unreported order passed by a Co-ordinate Bench of this Court in the case of Jirwa Devi-Vs.-M/s. Central Coalfields Limited & Ors. in W.P. (S) No. 5691 of 2015 and one judgment rendered by the Hon'ble Calcutta High Court in the case of Eastern Coalfields Limited-Vs.-Dewanti Kumari & Ors., 2016 2 LLJ 671 (Cal).;