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2017 DIGILAW 1167 (JHR)

Gendia Devi v. Central Coalfield Limited

2017-07-17

RONGON MUKHOPADHYAY

body2017
JUDGMENT Rongon Mukhopadhyay, J. - In spite of the Coal India Limited being made a party vide order dated 24.02.2016 no counter affidavit has been filed on its behalf. 2. Heard Mr. M.K. Laik, learned senior counsel appearing for the petitioner and learned counsel appearing for the respondents. 3. In this writ application, the petitioner has prayed for a direction upon the respondents to implement the provisions of N.C.W.A. in the matter of giving employment to the dependent of the deceased employee late Guruchand Mahto who died in harness. 4. It has been stated by the learned senior counsel for the petitioner that after the death of son of the petitioner the dependent who are alive are the petitioner and proforma respondent no. 4 who is sister of the deceased employee and who has claimed appointment on compassionate ground. Learned senior counsel submits that the proforma respondent no. 4 is still unmarried and being a dependent on the deceased-employee and there being no other dependents since the deceased employee was himself unmarried, the case of the proforma respondent no. 4s is liable to be considered by the authorities. Learned senior counsel also submits that clear discrimination has been made out inasmuch as an unmarried sister has not been included within the definition of a dependent in terms of clause 9.3.2 of N.C.W.A. 5. Learned counsel appearing for the respondents, on the other hand, has stated that clause 9.3.2 is clear and unambiguous and since the proforma respondent no. 4 does not come within the definition of a dependent she is not entitled for compassionate appointment. Learned counsel further submits that N.C.W.A being binding on all the parties its purport cannot be stretched so as to include the proforma respondent no. 4 within its four corners. 6. The factual aspect as could be revealed from the averments made in the writ application is that the husband of the petitioner namely Nun Chand Mahto was employed in the company as a driver. After the death of Nun Chand Mahto who died in harness the son of the petitioner namely Guruchand Mahto being a dependent was provided with compassionate appointment and he was working in Category-I in the Geology Department under the respondent no. 1. After the death of Nun Chand Mahto who died in harness the son of the petitioner namely Guruchand Mahto being a dependent was provided with compassionate appointment and he was working in Category-I in the Geology Department under the respondent no. 1. The said Guruchand Mahto remained unmarried and he also died in harness on 28.11.2011 and the service book reveals that the petitioner, the unmarried sister and the grant mother of the deceased employee have been mentioned as dependents. The petitioner claims appointment from the authorities to be given to proforma respondent no. 4 being the unmarried sister of the deceased-employee. 7. The excerpts of N.C.W.A has been brought on record in the counter affidavit of the respondent from which it appears that clause 9.3.3 covers employment to a dependent of a worker who dies while in service. The category of persons eligible for being appointment has been mentioned in Clause 9.3.3 which includes a wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no direct dependent is available employment may be considered of a brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased. The said provision does not include an unmarried sister within its ambit. The prayer of the petitioner in absence of any provision to include proforma respondent no. 4 is not tenable in the eye of law and thus having found no merit in this application the same is hereby dismissed.