Kishan Kumar v. Central Coal Fields Limited through its Chairman-cum-Managing Director, Ranchi
2013-11-11
SHREE CHANDRASHEKHAR
body2013
DigiLaw.ai
ORDER 1. The petitioner has approached this Court seeking a direction upon the respondents for granting appointment on compassionate ground. 2. The brief facts of the case are that, the mother of the petitioner died on 16.12.1999 in a road accident and since the petitioner was a minor at that time, he was not offered appointment. The petitioner submitted a representation on 04.03.2013 specifically stating that his date of birth is 23.03.1995 and thus, he would be attaining age of 18 years on 23.03.2013 and therefore, in terms of National Coal Wage Agreement-VI he should be offered appointment. 3. Heard learned counsel for the parties and perused the documents on record. 4. The learned counsel appearing for the petitioner submits that the provision as contained in Clause 9.5.0 (iii) is violative of Article 14 of the Constitution of India. Since at the time, when the mother of the petitioner died in a road accident, the petitioner was minor and for that no fault can be found with the petitioner and denial of an offer of appointment to the petitioner is therefore, arbitrary and unjustified. 5. The learned counsel appearing for the respondent-C.C.L has submitted that though there is a provision for offering appointment to the dependents of the worker who died in harness and there is a provision for keeping persons above 12 years on the live-roster, the said provisions are not attracted in the case of the petitioner as at the time when the mother of the petitioner died, the petitioner was only four years old. 6. The provisions under Clauses 9.3.2, 9.3.3 & 9.5.0 (iii) are extracted below: 9.3.2 “In so far as female dependants are concerned, their employment/payment of monetary compensation would be governed by para 9.5.0. 9.3.3. The dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependant on the earnings of the deceased may be considered to be the dependant of the deceased. 9.5.0.
The dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependant on the earnings of the deceased may be considered to be the dependant of the deceased. 9.5.0. (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) & (ii) above. This will be effective from 1.1.2000.” 7. On a perusal of documents on record and the provision as contained in Chapter IX of the N.C.W. Agreement, I find that the mother of the petitioner died in a road accident on 16.12.1999 and at that time the petitioner was aged about four years. I do not find any provision under N.C.W. Agreement which entitles the petitioner, on attaining age of majority, to claim appointment under the said agreement. The provision as contained in Clause 9.5.0 (iii) clearly stipulates that at the time when workman dies in an accident or he was medically declared unfit, the dependents of the said employee, if aged about 12 years or more can be kept on live-roster. Above provision is not attracted in the case of petitioner. The writ petition lacks merit and accordingly, the same is hereby dismissed.