ORDER : On account of death of her husband on 13.02.2001, claiming employment under sub-Clause (ii) to Clause 9.5.0 of NCWAVI the petitioner has approached this Court. 2. Heard. 3. The petitioner claims that after the death of her husband, she submitted an application on 25.07.2001 in the office of Project Officer, Dhori (K) Colliery-respondent no. 5 for employment on compassionate ground. Receipt of this application has been denied by the respondent-Central Coalfields Limited. The learned counsel for the petitioner, referring to the endorsement over application dated 25.07.2001, submits that denial of receipt of the aforesaid application by respondent-CCL is untenable. Now, since the petitioner has attained 45 years of age; at the time of death of her husband she was 32 years of age, the aforesaid dispute regarding application dated 25.07.2001 pales into insignificance. The only question which remains for adjudication is, whether the petitioner, in terms of sub-Clause (ii) to Clause 9.5.0 of NCWAVI, is entitled for payment of monetary compensation or not? 4. In the supplementary counter-affidavit dated 21.11.2016, the respondent-CCL has taken a stand that if the petitioner submits a representation her claim for payment of monetary compensation shall be examined in terms of relevant Circulars and provisions under NCWAVI. The stand taken by the respondent-CCL is reflected in paragraph nos. 9 & 10 of the aforesaid supplementary counter-affidavit, which is extracted below:- “9. That after the filing of the representation on 02.11.2015, a letter dated 10.11.2015 was sent by the Respondent authority to the petitioner to submit evidences in support of her claim and contention that she had submitted the purported representation dated 25.07.2001, which the petitioner however failed to produce and instead preferred to approach the Hon'ble High Court. 10. That it is stated that if appropriate representation is filed by the petitioner before the concerned authorities of the Respondents abiding by the provisions of NCWAVI and relevant circulars, the concerned authorities after proper inquiry and investigation shall consider and take necessary steps to make arrangements for payment of monetary compensation to the petitioner.” 5. National Coal Wage Agreement is an outcome of a tripartite agreement between the Coal Company, Labour Union and the Central Government and it has been held by the Hon'ble Supreme Court in “Mohan Mahto Vs. Central Coal Field Ltd. and Ors.” reported in (2007) 8 SCC 549 , that it has statutory force. National Coal Wage Agreement is an outcome of a tripartite agreement between the Coal Company, Labour Union and the Central Government and it has been held by the Hon'ble Supreme Court in “Mohan Mahto Vs. Central Coal Field Ltd. and Ors.” reported in (2007) 8 SCC 549 , that it has statutory force. It is not in dispute that the petitioner has received postretiral benefits and respondent-CCL has not disputed that the petitioner is the wife of the deceased employee namely, Late Lakhan Manjhi. She is a claimant under NCWAVI. The stand taken by the respondent-CCL that along with her representation the petitioner must submit evidence in support of her claim, thus, cannot be countenanced in law. On admitted facts, in terms of sub-Clause (ii) to Clause 9.5.0 of NCWAVI the petitioner is entitled for monetary compensation at the rate of Rs. 3000/- per month. Relevant portions of Clause 9.5.0 of NCWAVI are extracted below:- “9.5.0 (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 dependent is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 3,000/- per moth or employment. In case the female dependent is above 45 years of age she will be entitled only monetary compensation and not to employment.” 6. From the aforesaid provision, it is apparent that claim of a female dependent above the age of 45 years, on death of the employee, is restricted to monetary compensation. The petitioner, being wife of the deceased employee, who now has attained the age of 45 years, is entitled for payment of monetary compensation at the rate of Rs. 3000/per month w.e.f 14.02.2001. In view of the materials brought on record, I am of the opinion that on submission of a formal application/form, the petitioner must be paid monetary compensation as provided under sub-Clause (ii) to Clause 9.5.0 of NCWAVI from 14.02.2001. However, in view of the dispute raised by the respondent-CCL in respect of receipt of application dated 25.07.2001, there shall be no order for interest on the aforesaid amount. 7. The writ petition stands allowed, to the aforesaid extent.