RANCHI, India, April 13 -- Jharkhand High Court issued the following order on March 11:
1. Heard the parties.
2. The petitioner, in this writ petition, is praying for compensation of Rs.5,00,000/- for the death of her son who was working on daily wages at Jarangdih Railway Siding of respondentM/s Central Coalfield Ltd.
3. It is the case of the petitioner that though there is no appointment letter but the son of the petitioner was working in the AKK Opencast Project of Central Coalfields Ltd. at Jarangdih Railway Siding. He unfortunately died on 29.05.2021. The respondents have disbursed a sum of Rs.2,00,000/- by way of compensation but it is case of the petitioner that she is entitled for much more.
4. In opinion of this Court, an application under Article 226 of the Constitution of India, claiming compensation, is not maintainable. The loss and many other factual aspects needs to be ascertained and also needs to be proved by the petitioner by way of leading evidence. There are complicated questions of facts which also needs to be addressed by this Court, which cannot be done in this writ petition. Thus, I am not inclined to entertain this writ petition for the relief as sought for by the petitioner. Accordingly, this writ application is dismissed.
5. The petitioner is at liberty to approach the appropriate Civil Court / Labour Court for the relief.
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