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2014 DIGILAW 1235 (JHR)

Krishna Mahto v. Central Coalfields Ltd.

2014-12-11

SUJIT NARAYAN PRASAD

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JUDGMENT SUJIT NARAYAN PRASAD, J. 1. The petitioner has preferred this court for issuance of direction upon the Respondent to provide employment to the dependent son of the petitioner under the provisions/ instructions of 9.4.0 of National Coal Wage Agreement (NCWA) on the ground that the petitioner was seriously ill and suffering from the multiple incurable diseases. 2. The submissions made on behalf of the petitioner is that the petitioner was appointed on 31.10.1977 as a Pay-Loader Operator and continuously discharged his duty. Since, the month of June 2008 he could not be able to perform his duty due to serious ailment, as such application was made by him under the provisions of 9.4.0 of NCWA on 07.01.2008 for appointing the son of the petitioner (Annexure IV). But, no decision has been taken by the Respondent Authority. 3. The Petitioner, ultimately was superannuated after attaining the normal age of superannuation on 31.01.2010. 4. Now, the grievance of the petitioner is that he had made an application on 7.01.2008, which was not considered by the respondent authority for providing appointment in favour of his son in view of the provisions as contained in 9.4.0 of NCWA. 5. On the other hand, learned counsel for the respondent, CCL has stated that the petitioner sought retirement on medical ground in the prescribed format on 31.01.2009. By that time the petitioner's remaining service was 9 months 17 days, which is less than two years prior to date of superannuation, which is a basic eligibility criteria for consideration of appointment of dependent. 6. The petitioner has put his reliance upon the provisions of 9.4.0 of NCWA to provide employment to one dependent of a worker, who is permanently disabled, in his place. The eligibility conditions is as follows: (i) That disablement of the worker concerned should arise from injury or disease, be of a permanent nature resulting into loss of employment and it should be so certified by the Coal Company concerned. (ii) In case of disablement arising out of general physical debility so certified by the Coal Company, the employee concerned will be eligible for the benefit under this clause if he/she is upto the age of 58 years. The term 'general physical debility' would mean deficiency of a workman due to any disease or other health reason leading to his/her disablement to perform his/her duties regularly and/or efficiently. The term 'general physical debility' would mean deficiency of a workman due to any disease or other health reason leading to his/her disablement to perform his/her duties regularly and/or efficiently. (iii) The dependent for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependent is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the employee and almost wholly dependent on the earning of the employee may be considered. So far as female dependents are concerned, their employment would be governed by the provisions of clause 9.5.0. (iv) The dependents to be considered for employment should be physically fit and suitable for employment and aged not more than 35 years provided that the age limit in case of employment of female spouse would be 45 years as given in clause 9.5.0. In so far as male spouse is concerned, there would be no age limit regarding provision of employment. 7. From going through the provisions as made in 9.4.0 (I) the conditions is that the concerned workmen is suffering from permanent nature of disease resulting into loss of employment then only this case would be considered for providing appointment to one of the dependent of the employee. 8. From the pleadings of the petitioner, it is evident that the petitioner has been retired from service on 31.01.2010 which is evident from the Annexure VIII annexed with this petition dated 01.01.2010 by which the petitioner was superannuated from the service after attaining the age of 60 years on 31.01.2010 (AN). 9. It is not the case of the petitioner that the petitioner was medically boarded out from service as has been provided in the clause of 9.4.0 (I) and resulted into loss of employment because of permanent nature of disease. 10. Thus since the petitioner was not medically boarded out and such he has not lost his employment rather he has been permitted to discharge his duty till the age of 60 years. In view of the matter the provisions contained in 9.4.0 will not be applicable with respect to the petitioner. 11. 10. Thus since the petitioner was not medically boarded out and such he has not lost his employment rather he has been permitted to discharge his duty till the age of 60 years. In view of the matter the provisions contained in 9.4.0 will not be applicable with respect to the petitioner. 11. In the application dated 07.01.2008 (Annexure IV) annexed to the petition the petitioner stated that due to disability which may result into loss of employment he may be permitted to continue in service by giving other nature of work and thereafter a request has been made for appointment in favour of his dependent son in his place. 12. Thus the petitioner is not entitled to get benefit of clause 9.4.0 (I) of National Coal Wage Agreement. 13. In view of the above, this writ petition is, accordingly, dismissed.