JUDGMENT : Aniruddha Bose, J. 1. The present appeal involves construction of Clause 9.5.0 (iii) of th National Coal Wage Agreement VI (NCWA VI). The appeal arises out of a dispute over employment claim of the son of a deceased employee of Central Coalfields Limited (C.C.L.) on compassionate ground. The facts giving rise to the subject-controversy are more or less undisputed. An employee of C.C.L. died in harness on 15th March, 1999. At that point of time, the appellant’s age was 11 years 07 months. His stepmother had applied for employment on compassionate ground in the very same year of death of his father. Her plea was however rejected on 30th September, 2000 on the ground that a second wife was not entitled for employment under that Clause of NCWA VI. 2. Thereafter, mother of the appellant had applied for keeping the appellant on live roster. That application was made on 8th June, 2002. At that point of time, the appellant was 14 years of age. There was no progress in relation to such application from the side of employer which resulted in raising of a dispute under the Industrial Disputes Act, 1947 by the sponsoring Union. The dispute was eventually referred to the Central Government Industrial Tribunal and award was passed in favour of the appellant on 12th August, 2011. The relevant passage from the award reads :- “8. Considering the above facts it shows that the management admitted that Sundarlal Mallah was permanent employee of Swang Washery and died on 15.3.99 and Pankaj is the son of late Sundarlal Mallah as per Ext.W-4, which is document of the management. So it shows that the claimant, Pankaj Kumar is entitled for employment as per Para 9.3.2 of NCWA because he was minor at the time of death of his father, so he could not be given employment. As the management’s witness, MW-1 admitted that monetary compensation is given to Smt. Anjani Devi, but it has been denied on oath by the witness on behalf of the workman. 9. In view of the above facts and circumstances, I hold that the demand of the National Coal Organisation Employees’ Association from the management of Swang Washery of M/s. CCL to provide employment to Pankaj Kumar, dependent of Late Sundarlal Mallah, under the provision of Para 9.3.2 of NCWAVI is legal and justified and hence Pankaj Kumar is entitled for employment. In view of the above facts and circumstances, I hold that the demand of the National Coal Organisation Employees’ Association from the management of Swang Washery of M/s. CCL to provide employment to Pankaj Kumar, dependent of Late Sundarlal Mallah, under the provision of Para 9.3.2 of NCWAVI is legal and justified and hence Pankaj Kumar is entitled for employment. The concerned lady is entitled to get compensation till death. The management is directed to provide employment to Pankaj Kumar within 30 days from the date of publication of the award.” 3. C.C.L. challenged legality of the award before the learned First Court by filing the writ petition, registered as W.P.(L) No.7444 of 2011, out of which this appeal arises. The learned First Court, upon considering various authorities and also provisions of the NCWA-VI found that the Tribunal had committed an error in holding that the demand of the Union for providing employment to the appellant was justified. The learned First Court was pleased to set aside part of the award by which employment was directed to be given to the appellant, but also directed :- 18. … … … Thus, that part of the impugned award passed by the learned Tribunal wherein it has been held that Smt. Anjani Devi is entitled for compensation till death, is hereby affirmed. However, considering the fact that Smt. Anjani Devi has already died, Pankaj Kumar-respondent workman (son of Late Anjani Devi) would be entitled to receive the said monetary compensation. The petitioner-Management is, accordingly, directed to pay monetary compensation @ Rs.3,000/- per month w.e.f. the date of death of the employee i.e. 15.03.1999 till the death of Anjani Devi. The said monetary compensation shall be paid to the respondent-workman on behalf of all other dependants of Late Sunder Lal Mallah and Late Anjani Devi. The said amount shall carry interest @ 7.5% from the date of passing of the impugned award till payment is made to the respondent.” 4. The appellant before us, who subsequently attained the age of majority, has sought to rely on Clause 9.5.0 (iii) of the NCWA-VI in support of his claim. The said amount shall carry interest @ 7.5% from the date of passing of the impugned award till payment is made to the respondent.” 4. The appellant before us, who subsequently attained the age of majority, has sought to rely on Clause 9.5.0 (iii) of the NCWA-VI in support of his claim. Clause 9.5.0 of NCWA-VI stipulates :- “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 of 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) & (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 finalized.” 5. The appellant’s case is that the requirement of a job-seeking male dependant to be of 12 years and above in age ought to be computed in this case from the date his mother had made application for him being kept on the live roster, that was 8th June, 2002. On that date he was approximately 14 years of age. 6. The appellant’s case is that the requirement of a job-seeking male dependant to be of 12 years and above in age ought to be computed in this case from the date his mother had made application for him being kept on the live roster, that was 8th June, 2002. On that date he was approximately 14 years of age. 6. The coal company’s case, on the other hand, is that the male dependant of the concerned employee seeking employment under Chapter – IX of the NCWA-VI which deals with social security, ought to be of 12 years or above in age on the date of death of the employee concerned either in mine accident or for other reasons or medical unfitness. 7. Mr. Mitra, learned counsel for the appellant has emphasized on the first sentence of that Clause (9.5.iii) which makes “no employment having been offered” a condition precedent for a male dependant to be placed on a live roster to imply the date on which situation arises for making application for employment. It is his case that a male dependant to qualify for being kept on a live roster must be 12 years of age on the date “no employment is offered”. In this case he wants to treat the date of making the application by his mother as the relevant date on which the male dependant should be minimum 12 years of age. His submission is that any other interpretation would render the part of the first sentence in which it has been stipulated that “if no employment has been offered” to be otiose. According to him, not offering of employment would not be a unilateral act of the coal company but it should be preceded by an application and in such a situation, the age of the male dependant has to be computed on the date of making of the application. We are, however, unable to accept this argument. The basis for obtaining employment under the aforesaid Chapter and specifically in terms of Clause 9.3.0 and 9.4.0 is the death of the subsisting employee. If that is the foundation for applying for job on compassionate ground, then irrespective of the date on which application is made, minor claimant for the job has to be of specified age of 12 years or above on the date of death of the employee of the coal company. If that is the foundation for applying for job on compassionate ground, then irrespective of the date on which application is made, minor claimant for the job has to be of specified age of 12 years or above on the date of death of the employee of the coal company. In our view, that would be the proper interpretation of the aforesaid Clause. 8. In such circumstances, we do not find any error in the judgment under appeal. The appeal is dismissed and the judgment of the learned First Court is affirmed. 9. No order as to costs.