Calcutta High Court Slams Eastern Coalfields Limited, Orders Immediate Employment for Deceased Worker’s Widow

A Widow’s Right to Employment Cannot Be Frustrated by Bureaucratic Delay –  In a strong rebuke to corporate delay tactics, the Calcutta High Court dismissed Eastern Coalfields Limited’s (ECL) petition and upheld the employment rights of Smt. Guddi Devi, the widow of deceased coal worker Raj Mohan Rajbhar. The court ruled that a company cannot escape its legal obligations by engineering delays and citing technicalities, particularly when the law mandates employment for dependents of deceased workers.

"Termination Cannot Be Valid If the Worker Had Already Died" – Court Declares ECL’s Order Illegal
The case arose when ECL terminated Raj Mohan Rajbhar from service on December 13, 2005, for alleged unauthorized absence. However, the court found that he had already passed away on November 5, 2005, before the termination order was issued. His widow, Smt. Guddi Devi, had applied for compassionate employment on January 28, 2006, under Clause 9.3.2 of the National Coal Wage Agreement (NCWA), which guarantees a job to a dependent when a worker dies in service. Despite this, ECL refused to grant her employment, forcing her to approach the Central Government Industrial Tribunal (CGIT), Asansol.
The tribunal ruled in her favor on September 27, 2023, directing ECL to offer her employment and compensate her financially from the date of her husband’s death until employment was granted. ECL challenged this decision, arguing that both compensation and employment could not be awarded simultaneously.
"Employment Is a Right, Not a Matter of Employer’s Discretion" – High Court Rejects ECL’s Arguments
Justice Shampa Dutt (Paul) dismissed ECL’s petition, holding that once a worker dies, their dependent’s right to employment is automatic under Clause 9.3.2 of NCWA. The court made it clear that the termination order issued after the worker’s death had no legal standing and could not be used to deny employment. It noted that the widow was only 35 years old at the time of her husband’s death, making her eligible for employment instead of monetary compensation, a right that could not be arbitrarily denied.
The court further observed that delays caused by the company could not be used as an excuse to deny justice. "Under no circumstance should the decision of providing employment be treated as a subjective issue to frustrate the cause of the employee," the judgment stated. Monetary compensation was ordered from the date of the worker’s death until employment is granted, as the delay in justice was entirely due to ECL’s refusal to comply with the law.

"Justice Delayed Cannot Be Justice Denied" – High Court Orders Immediate Compliance
The Calcutta High Court dismissed ECL’s writ petition and affirmed the tribunal’s decision. It directed ECL to provide employment to Smt. Guddi Devi within three months, pay monetary compensation from the date of her husband’s death until she is employed, and pay statutory interest on the delayed compensation due to ECL’s inaction.
This ruling sends a strong message to employers that legal obligations under industrial agreements cannot be ignored. The Calcutta High Court’s decision ensures that dependents of deceased workers are not left without support due to corporate negligence and delay tactics.

Date of Decision: March 10, 2025