JUDGMENT : Sanjay Kumar Dwivedi, J. 1. This letters patent appeal has been filed by the original writ petitioner being aggrieved and dissatisfied by the order of learned Single Judge in W.P.(S) No. 3535 of 2015 whereby and where under the learned Single Judge held that the petitioner’s prayer for grant of compassionate appointment is not maintainable but so far as the grant of benefit of monetary compensation is concerned that has been left open to the mother of the appellant/petitioner to file an application for the same. 2. We have heard the counsels for both the sides. The factual matrix of the case is that the appellant’s father i.e. Laxmi Ravidas (now deceased) whose date of birth was 03.05.1950 was appointed as Cat. I in Topa colliery on 26.05.1973. The brother of the appellant, Krishna Ravidas, who was the son of Laxmi Ravidas died on 30.09.1994 and a death certificate dated 15.10.1994 has been brought on record. By filing nomination form dated 25.05.1998, the appellant’s mother i.e. Samudri Devi was made nominee of the appellant’s father. The deceased employee had three sons namely Krishna Ravidas, Santosh Ravidas and Ramswarup Ravidas. Ramswarup Ravidas is the appellant/petitioner. The deceased was also having three daughters namely Urmil Kumari, Anita Kumari and Shanti Kumari which is evident from the particulars of family vide form PS-3 ie. Annexure-3 to the LPA. The appellant’s father died on 16.04.2002 in harness and the death certificate to that effect dated 02.05.2002 had been issued by the Government of Bihar which is at Annexure-4 to the LPA. The wife of the deceased Samudri Devi informed the Management of Topa Colliery about the death of her husband on 17.04.2002. On 28.06.2002, the wife of the deceased being the nominee and the dependent of her late husband made a representation before the Personnel Manager for examining her by medical board for the purpose of determination of her age on the pretext that her age was recorded in the service record of her husband more than her actual age and by this application she also prayed for employment on compassionate ground. In the meantime, on 30.08.2002 another form for employment under provision of 9.3.2 of the National Coal Wage Agreement-VII (NCWA-VII) was submitted for employment of appellant’s brother namely Santosh Ravidas. In the meantime, on 30.08.2002 another form for employment under provision of 9.3.2 of the National Coal Wage Agreement-VII (NCWA-VII) was submitted for employment of appellant’s brother namely Santosh Ravidas. The appointment process of appellant’s brother was set in motion on 04.05.2004 by directing him to contact the Personnel Department of Kuju Area regarding the date of interview in reference to his aforesaid application for employment under provision 9.3.2 of NCWA. Santosh Ravidas had already died as evident from the death certificate dated 10.01.2003 which is annexed at Annexure-10 to the LPA. The wife of the deceased (Laxmi Ravidas) namely Samudri Devi on 27.01.2006 made another application before the Project Officer, Topa Colliery requesting therein to consider the case for employment of her daughter viz. Shanti Devi under the provision of 9.3.0 of NCWA-VII on compassionate ground in place of her deceased husband late Laxmi Ravidas. By a representation dated 11.07.2011, the appellant made another application before the Manager (Personnel) requesting them to appoint him on compassionate ground in which he has also stated that at the time of death of his father his age was 11 years only and that is why he was not able to fill up the form for employment on compassionate ground. On 05.06.2012 another request was made by Samudri Devi to consider the employment of her son Ramwarup Ravidas i.e. appellant, under the provision of 9.3.0 of NCWA-VII. The Manager (Personnel) forwarded the case of the employment of the appellant to the Project Officer, Topa Colliery on 19.12.2012 for consideration and onward transmission to the Office of the Staff Officer, Kuju Area for further action. On 06.01.2015, the Management requested to the mother of the appellant to furnish information as well as the relevant documents on the issues stated therein in order to examine the case of the appellant for taking necessary action. 3. In the light of the above facts and circumstances, the appellant approached this Court in W.P.(S) No. 3535 of 2015 which was disposed of vide order dated 13.10.2017. The learned Single Judge by considering the various aspects came to the conclusion that the appointment of the appellant on compassionate ground is not maintainable but so far as the grant of monetary compensation is concerned that has been left open to the mother of the appellant to file an application for the same. 4. The learned Single Judge by considering the various aspects came to the conclusion that the appointment of the appellant on compassionate ground is not maintainable but so far as the grant of monetary compensation is concerned that has been left open to the mother of the appellant to file an application for the same. 4. Learned counsel for the appellant assailed the order on the ground that the provision under clause 9.3.3 of NCWA-VII has not been properly considered by the learned Single Judge. Another ground raised by the appellant was that the respondents are duty bound to consider the claim of the appellant under NCWA-VII which is a statutory in nature. Learned counsel for the appellant also pointed out that the learned Single Judge has not taken into consideration that three deaths had taken place in the family and in that view of the matter the case of the appellant was not considered. Learned counsel has further argued that the financial crisis has not been taken into account by the learned Single Judge that happened due to sudden demise of the sole bread earner of the family. It has also been argued that the application of unmarried sister of the appellant was pending and no final decision was taken by the Management in spite of her being eligible for the same. 5. Per contra, the respondents argued that vide letter dated 08.07.2015 the respondents regretted the appointment of the appellant under the provision of 9.3.0 NCWA-VII. It is further submitted that the age of Smt. Samudri Devi, the wife of the deceased employee, was recorded as 32 years on 01.04.1987 and as such at the time of death of the employee i.e. on 16.04.2002 she had crossed the maximum age of 45 years for employment and hence she was not eligible for employment in the company as per provision under NCWA-VII unless the candidate was medically examined by the Medical Board and found below the age of 45 years. It is also stated that monetary compensation is admissible only in that particular case till the attainment of 60 years of age of the female dependent. This fact has been stated in paragraph 14 of the counter affidavit filed by the respondent in writ petition. It is further submitted that the employment of late Santosh Ravidas was already initiated vide letter dated 30.08.2002. 6. This fact has been stated in paragraph 14 of the counter affidavit filed by the respondent in writ petition. It is further submitted that the employment of late Santosh Ravidas was already initiated vide letter dated 30.08.2002. 6. We are in agreement with the contention of the appellant that National Coal Wage Agreement is statutory in nature. It is an outcome of tripartite agreement among the Coal Company, Labour Unions and Central Government. It has been held by the Hon’ble Supreme Court in Mohan Mahto Vs. Central Coalfields Ltd. reported in (2007) 8 SCC 549 , that it has statutory force. Learned Single Judge came to the aforesaid findings due to following facts and reasons which have been depicted in paragraph 7 of the impugned judgment which reads hereunder: 7. (i) Admittedly, after the death of the deceased-employee, late Laxmi Ravidas on submission of application for compassionate appointment of her eldest son by Samudri Devi (nominee of the petitioner's father), the Management-Company considered the caseof the eldest brother of the petitioner, namely, Santosh Ravidas in the year 2004, but, by that time, the said Santosh Ravidas has died, so it cannot be construed that the respondents did not consider the case of the legal heir of the deceased employee, late Laxmi Ravidas for consideration of compassionate appointment. It appears that the mother of the petitioner had applied for appointment of the petitioner on compassionate ground in the year 2011. Due to indecisiveness on the part of the mother of the petitioner, it was not possible on the part of the respondents to consider the case of the petitioner for compassionate appointment. (ii) It is a settled position that the compassionate appointment is not a matter of right, rather, it is a matter of concession. On perusal of the impugned Annexure-19 to the writ application, the same does not suffer from any infirmity or irregularity so as to warrant interference of this Court. (iii) So far as the claim of the petitioner for grant of monetary compensation as admissible under the relevant provisions of the N.C.W.A. is concerned, the mother of the petitioner is entitled, provided that she files an application for grant of the same. 7. Laxmi Ravidas died on 16.4.2002 and at relevant period NCWA-VII was enforced. Provision of 9.3.2 of NCWA-VII stipulates that Employment to one dependant of the worker who dies while in service will be provided. 7. Laxmi Ravidas died on 16.4.2002 and at relevant period NCWA-VII was enforced. Provision of 9.3.2 of NCWA-VII stipulates that Employment to one dependant of the worker who dies while in service will be provided. So far female dependents are concerned, their employment/payment of monetary compensation governed by another clause, i.e. 9.5.0. 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 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 qualification 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 as para (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. 8. Thus, in view of 9.5.0 (ii) of NCWA-VII there is a provision that if the female dependent is below the age of 45 years she will have the option either to accept the monetary compensation or employment. In case the female dependent is above 45 years of age she will be entitled only for monetary compensation not for employment. 9. Thus, in view of 9.5.0 (ii) of NCWA-VII there is a provision that if the female dependent is below the age of 45 years she will have the option either to accept the monetary compensation or employment. In case the female dependent is above 45 years of age she will be entitled only for monetary compensation not for employment. 9. From the aforesaid provisions, it is apparent that claim of a female dependent above the age of 45 years at the time of death of the employee is restricted to monetary compensation. The deceased wife who has now attained the age of 45 years is entitled for payment of monetary compensation. 10. In the light of above discussions we are of the considered view that the reasons assigned by the learned Single Judge are well founded. We are in agreement of the said findings of the learned Single Judge. Learned Single Judge has already directed respondents that the monetary compensation be paid under the relevant provision of NCWA-VII within a period of two months from the date of receipt of the copy of this order (order passed in W.P.(S) No. 3535 of 2015) and also granted relief to the appellant’s mother in terms of provisions of NCWA-VII. Therefore, we cannot take any other view than what has been taken by the learned Single Judge. Hence, there is no substance in this Letters Patent Appeal and the same is hereby dismissed. 11. Accordingly, the letters patent appeal is dismissed.