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Jharkhand High Court · body

2001 DIGILAW 673 (JHR)

Basudeo Mahto v. C. C. L.

2001-09-17

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. Heard learned Counsel for the parties. 2. The petitioner has prayed for issuance of a writ directing the respondents to provide employment to the petitioner in terms of the provisions of Clause 9-5-0 of the National Coal Wage Agreement-V and also to quash and order dated 2.9.99 and 25.1.2000 whereby the authorities of the respondents declined to grant employment to the petitioner. 3. The petitioners father. Koka Mahto was employed at Dakra Colliery, who died while in service on 3.10.95 leaving behind his widow, the petitioner as his only son and three daughters. The petitioner filed an application on 13.11.96 seeking employment on compassionate ground under the aforesaid clause of NCW Agreement. Instead of giving employment to the petitioner the widow was given some monetary compensation as the petitioner at that time was minor. After attaining the majority the petitioner again made an application on 25.10.98. The said application was rejected by the respondents on the ground that the widow of the deceased was given monetary compensation at the rate of Rs. 2000/- per month, which was time to time increased. 4. Learned Counsel for the petitioner, mainly relied upon Clause 9.4.0(iii) to the Agreement while the learned Counsel for the CCL relied upon Clause 9.4.0(ii) of the said agreement. For better appreciation, the two clauses are reproduced hereinbelow : "(ii) In case of death/total permanent disablement due to causes other than mine accident and medical unfitness under Clause 9.4.0 if the female dependent is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 2,000/-per month or employment. In case the female dependent is above 45 years of age she will be entitled only to monetary compensation and not to employment. (iii) In case of death either in mine accident or for other reasons or medical unfitness under Clause 9.4.0. If no employment has been offered and the make dependent of the concerned worker is 15 years and above in age he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains, the age of 18 years. During the period the male dependent is on live roster, the female dependent will be paid monetary compensation as per rates at paras (i) and (ii) above. 5. During the period the male dependent is on live roster, the female dependent will be paid monetary compensation as per rates at paras (i) and (ii) above. 5. The letter dated 4.10.99 issued by the respondents shows that the case of the petitioner for appointment was kept in live roster as he was 16 years of age at that time, and when the petitioner attained the age of 18 years his case was recommended and forwarded to the higher authorities for appointment. 6. In view of the admitted position, the petitioner is entitled to be given employment on compassionate ground particularly in view of Clause 9.4.0 (iii) of the NCW Agreement. It is needless to say on the date when the petitioner will be given employment the monetary compensation payable to the widow shall be stopped. 7. For the aforesaid reason, I dispose of this writ application with a direction to the petitioner to produce a copy of this order to the respondents- authorities alongwith an affidavit of the widow to the effect that she will not claim any monetary compensation from the date her son the petitioner, is provided employment on compassionate ground. On receipt of such application the respondents-authorities shall pass final order within 60 days from the date of receipt of the application.