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Jharkhand High Court · body

2012 DIGILAW 142 (JHR)

Chunari Devi v. Central Coalfields Umited

2012-01-25

D.N.PATEL

body2012
Judgment 1. Labour and Industrial Laws-Compassionate appointment-compensation in lieu of compassionate appointment as per Clause 9.5.0 of National Coal Wage Agreement- VI-monetary compensation refused to the (petitioner) wife of deceased employee on the ground that her two sons are working with the concerned company admittedly petitioner is fully dependent upon the income of the deceased husband and her two sons are living separately-petitioner entitled to monetary compensation as per Clause 9.5.0. (Para 4) Order Learned counsel appearing for the petitioner submitted that the petitioner is praying monetary compensation because of death of her husband in lieu of compassionate appointment, as per Clause 9.5.0. of National Coal Wage Agreement VI, which is quoted at Annexure-10 to the memo of the petition. 2. Learned 'counsel for the respondents submitted that husband of the petitioner was working with the respondents as category-III employee and during course of his employment with the respondents, he expired on 31st December, 2006. The petitioner, being a widow of the deceased employee, is of the age of more than 45 years, therefore, as per the National Coal Wage Agreement, the petitioner is not entitled to compassionate appointment. 3. Learned counsel for the respondents further submitted that two sons of the petitioner are working with the respondents and, hence, she is not entitled to monetary compensation, as per Clause 9.5.0. 4. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that:- (i) The petitioner's husband was working with the respondents as Cableman and he expired on 31st December, 2006, during course of his employment. (ii) It further appears from paragraph 16 to the memo of the petition that the petitioner was fully dependent upon the earning of her husband. Paragraph 16 of the memo of the petition reads as under:- "16. That the husband of the petitioner died on 31 .12.2006 and the petitioner. is fully dependent on the earning of her deceased husband and both the sons of the petitioner were not dependent on the deceased and neither residing with the deceased nor they are contributing any financial assistance of the family of the deceased, as such the petitioner is still facing financial as well as mental agony due to the sad demise of the bread earner." The aforesaid factual statement has not been denied by the respondents. There is no counter affidavit filed by the respondents. There is no counter affidavit filed by the respondents. (iii) Clause 9.5.0. of the National Coal Wage' Agreement reads as under:- "9.5.0. Employment/Monetary compensation to female dependant: Provision of employment/monetary compensation to female dependants of workmen who die while in service and who are declared medically unfit as per Clause 9.4.0. above would be regulated as under: (i) In case of death due to mine accident, the female dependant would have the option to either accept the monetary compensation of Rs. 4,000/per month or employment irrespective of her age. (ii) In case of death/total permanent disablement due to cause other than mine accident and medical unfitness under Clause 9.4.0., if the female dependant is below the age of 45 years she will have the option either to accept the monetary compensation or Rs.3,000/- per month or employment. In case the female dependant 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 male dependant of the concerned worker is 12 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 dependant is on live roster, the female dependant will be paid monetary compensation as per rates at paras (i) and (ii) above. This will be effective from 1.1.2000. (iv) Monetary compensation wherever applicable, would be paid till the female dependant attains the age of 60 years. (v) The existing rate of monetary compensation will continue. The matter will be further discussed in the Standardisation Committee and finalised. Note: In the case of TISCO, the matter would be settled at bipartite level." (emphasis supplied) In view of the aforesaid Clause 9.5.0. of National Coal Wage Agreement, the petitioner being a widow of the deceased employee is entitled to the monetary compensation because age of the petitioner is above 45 years. The petitioner is not seeking compassionate appointment because there is a bar, as stated in the National Coal Wage Agreement. of National Coal Wage Agreement, the petitioner being a widow of the deceased employee is entitled to the monetary compensation because age of the petitioner is above 45 years. The petitioner is not seeking compassionate appointment because there is a bar, as stated in the National Coal Wage Agreement. (iv) Learned counsel for the respondents submitted that there are two sons of the petitioner, who are serving with the respondents and, therefore, the petitioner is not entitled to monetary compensation. This contention is not accepted by this Court mainly for the reason that there may be two sons of the petitioner, who are fully grown up by now, they have to get their livelihood from somewhere, they have their own family, therefore, they are bound to do some job for their livelihood. Incidentally, they are working with the respondents, but, the fact remains as stated in the memo of the petition and as stated in paragraph 16 of the memo of the petition that the petitioner is fully dependent upon the income of the deceased husband. Two sons are residing separately. These facts have not been denied by the respondents and, therefore, the petitioner is entitled to the monetary compensation, as per Clause 9.5.0. (v) No other contention has been raised by learned counsel for the respondents than what is stated hereinabove. 5. In view of the aforesaid facts and reasons, this writ petition is allowed. The petitioner is entitled to monetary compensation, as per Clause 9.5.0. of the National Coal Wage Agreement and as stated at Annexure-10 to the memo o• the petition. This monetary compensation Will be calculated by the respondents within a period of four weeks from the date of receipt of a copy of the order of this Court and the same shall be paid to the petitioner in her bank account within period of two weeks, thereafter. 6. Learned counsel for the petitioner, upon instruction from his client, submitted that the petitioner is having a bank account in the State Bank of India, Kedla Branch, Saving Account Number, 11590368025. 7. This writ petition is allowed and disposed of.