Case Details: Eastern Coalfields Ltd. vs. Union of India [2025] 181 taxmann.com 143 (HC-Calcutta)
Judiciary and Counsel Details
- Shampa Dutt (Paul), J.
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Manik Das for the Petitioner.
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Nandlal Singhania, Sr. Adv. for the Respondent.
Facts of the Case
In the instant case, the Respondent employee was working in the petitioner company. After his death, his son ‘A’ raised a dispute seeking compassionate employment in his father’s place.
The Appropriate Government referred the said dispute to the Tribunal for adjudication. The Tribunal dismissed the son’s claim but went on to hold that the wife of the deceased employee was entitled to monetary compensation from the date of the death of her husband till she attained 60 years of age.
The petitioner challenged the Tribunal’s order. It was noted that the Tribunal has jurisdiction to pass an award within the terms of reference, and it cannot go beyond those terms to pass an award.
High Court Held
The High Court held that since the Tribunal directed that the wife of the deceased employee was entitled to monetary compensation from management till she attained 60 years of age, such direction was beyond the terms of reference, as the same was not even incidental to the reference preferred.
Therefore, the direction given by the Tribunal to management to pay monetary compensation to the wife of the deceased employee was to be quashed.
List of Cases Referred to
- Hochtief Gammon v. Industrial Tribunal, Bhubaneshwar, Orissa AIR 1964 SC 1746 (para 7).
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