JUDGMENT : In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and video clarity and quality. 2. Petitioner has approached this Court with a prayer for quashing of impugned Award dated 22.03.2011 passed by learned Presiding Officer of Central Government Industrial Tribunal (No.2) at Dhanbad in Reference No. 70/2003, whereby and whereunder the claim of the petitioner for compassionate appointment has been rejected. 3. Shorn of unnecessary details, the case of the petitioner is that the father of the petitioner namely Nimai Mochi was a permanent employee of Akash Kinari Colliery, Govindpur Area of M/s BCCL as Miner Loader and he was declared medically unfit by the Management vide office order No. 1608/1994 dated 22.09.1994 and as such, he was stopped from making his attendance with immediate effect. Accordingly, petitioner-Durga Das @ Durga Mochi being his dependent son submitted his application for employment before the Management under Clause 9.4.0 of the NCWA as his mother was above 45 years of age, but she was quite competent and capable to serve and accordingly, the competent authority agreed to consider his case and requested the Dy.CPM, Govindpur Area to obtain the application form with supporting documents from the dependent concerned. Pursuant thereto, the dependent/petitioner submitted his duly filled up application form with all supporting documents in the year, 1997 itself, but the Management is sitting tight over the matter. 4. Hence, an Industrial Dispute was raised before the A.I.C (C), Dhanbad by the petitioner with a prayer for employment and other benefits to the dependent family, but the conciliation proceeding failed and as such, reference was made to the Hon’ble Tribunal by Ministry of Labour, Govt. of India vide Order No.L-20012/30/2003-I.R. (C-1) dated 18th August, 2003 for adjudicating the Schedule, which is quoted hereinbelow: Kya Messrs. Bharat Coking Coal Ltd., Govindpur Kshetra, Akashkinari Koyala Khadan Key Pravandhan Dwara Karmkar Shri Nimai Mochi, Miner Loader Key Medically unfit honey par uski patni/putra ko NCWA key antergat kashtipurti/Sevayojan Laav Pradan nahi karna kanun evem nyaya ki dristi sey sahi hain ? Bharat Coking Coal Ltd., Govindpur Kshetra, Akashkinari Koyala Khadan Key Pravandhan Dwara Karmkar Shri Nimai Mochi, Miner Loader Key Medically unfit honey par uski patni/putra ko NCWA key antergat kashtipurti/Sevayojan Laav Pradan nahi karna kanun evem nyaya ki dristi sey sahi hain ? Yadi nahi to ukht karmkar athava uskey ashrit parivargan kin lavo ko prapta karney key hakdar hain ?” Upon the receipt of the same, the learned Tribunal registered the case as Ref. No. 70 of 2003 and issued notices upon the respective parties to submit their written statement, rejoinder, etc. 5. The learned Tribunal, after hearing the parties at length and after perusing the documents and evidences brought on record, came to the conclusion that as per the Management’s letter dated 23/27.02.1998 (Ext.M-1), the petitioner-Durga Charan Das being below 15 years on the date of disablement of his father Nimai Mochi, was declared not entitled for employment, but this letter proves the approval for monetary compensation to Smt. Kamli Devi (Widow of the ex-servicemen) with reference to the Management’s earlier letter No. 16675-77 dated 28.06.1996 (Ext.M-2) as final and as such, action of the Management refusing the employment of the petitioner-Durga Charan Das, S/o of Ex-workman Nimai Mochi and of his wife Smt. Kamli Devi on the ground of their minority and over age receptively was legally justified. But Smt. Kamli Devi, the wife of the workman is entitled to monetary compensation of Rs.2000/- per month w.e.f. 28.06.1996, the date of the approval by the competent authority till the age of her sixty years. The Management is directed to implement the Award, within three months from the date of its publication in the Gazette of India. 6. Aggrieved by the impugned Award dated 22.03.2011, this writ petition has been preferred. Mr. Pratush Lala, learned counsel appearing for the petitioner-workman, assailing the impugned Award argues that the learned Tribunal without considering the claim of the petitioner, illegally and arbitrary rejected the same, which is not sustainable in the eyes of law. The learned Tribunal has failed to consider the Clauses 9.4.0 and 9.5.0 of the NCWA (V). He further submits that learned Tribunal also failed to consider the rule of Monetary Benefit, which provides the Rule of Monetary Benefit and compassionate appointment. The petitioner and his mother has applied as per the provision of Clause 9.4.0 and 9.5.0 of NCWA (V), but respondent has deliberately delayed his case. He further submits that learned Tribunal also failed to consider the rule of Monetary Benefit, which provides the Rule of Monetary Benefit and compassionate appointment. The petitioner and his mother has applied as per the provision of Clause 9.4.0 and 9.5.0 of NCWA (V), but respondent has deliberately delayed his case. Admittedly, the petitioner was below the age of 18 years at the time of declaration of his father to be medically unfit, but his name ought to have been put in live roster, however at the time of passing of impugned Award, the petitioner was major and as such, petitioner is entitled for employment on compassionate ground and as such, award is fit to be quashed and set aside. To buttress his arguments, Mr. Lala places heavy reliance on para 6 & 7 of a reported Judgment of Hon’ble Supreme Court in case of Subhadra Vs. Ministry of Coal and Another, reported in (2018) 11 SCC 201 . 7. Mr. A.K. Mehta, learned counsel appearing for the respondent-management, submits that the Award of the learned Tribunal does not require any interference as the same has been given effect to and Smt. Kamli Devi-widow of Ex-service man has received the cheque of Rs.1,62,000/- by putting her LTI on the cheque issued, which is reflected from register of Akash Kinaree Colliery of M/s BCCL and as such, this writ petition has become infructuous. Mr. Mehta further submits that since the petitioner was a minor on the date of disablement of the workman, the respondent-Management could not have provided employment to the petitioner. However, in alternative monetary compensation has been given to the widow of ex-service man after passing of the impugned Award. 8. Upon hearing the learned counsel for the parties and on perusal of the records, it transpires that learned Tribunal after perusal of the records and examining the evidences and after hearing learned counsel for the parties, rejected the claim of the petitioner as well as Smt. Kamli Devi, widow of Nimai Devi, Ex-serviceman for employment on compassionate ground as the petitioner-Durga Charan was minor and Smt. Kamli Devi was over age respectively at the time of disablement of ex-serviceman. Admittedly, the petitioner was minor at the time of disablement of ex-employee and also wife of the ex-employee was over age. Admittedly, the petitioner was minor at the time of disablement of ex-employee and also wife of the ex-employee was over age. For the sake of brevity, the provisions of Clause 9.4.0 and 9.5.0 are quoted herein under : 9.4.0 Employment to one dependant of a worker who is permanently disabled in his place: (i) the 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. A Joint Committee will be constituted by the JBCCI for considering as to what constitutes general physical debility referred to hereinabove. This Committee will submit its report by 31.03.1996. In case of difference of opinion, the matter will be referred to JBCCI which may appoint an Umpire to decide the issue. The decision of the Umpire shall be binding on the parties. (iii) The dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment younger brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the employee and almost wholly dependant on the earnings of the employee may be considered. In so far as female dependants are concerned, their employment would be governed by the provisions of clause 9.5.0 of NCWA-V. (iv) The dependants 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 upto 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. 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. 3000/- per month or employment irrespective of her age. 3000/- per month or employment irrespective of her age. (ii) In case of death/total permanent disablement due to causes other than mine accident and medical unfitness under Clause 9.4.0 (NCWA-V), if the female dependant is upto the age of 45 years, she will have the option to accept the monetary compensation of Rs.2000/- per month or employment. In case the female dependant is above 45 years of age, she will be entitled to only 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 (NCWA-V), if no employment has been offered and the male dependant of the concerned worker is 15 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 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. (iv) Monetary compensation, wherever applicable, would be paid till the female dependant attains the age of 60 years. (v) The rate of monetary compensation which stands at Rs.2000/- and Rs.3000//- per month as mentioned above would be reviewed w.e.f. 01.7.1996. (vi) The rate of monetary compensation will be reviewed as and when new wage agreements are finalized 9. From perusal of the aforesaid clauses, it appears that even if the same are accepted in toto, the said Scheme was effective from 01.01.2000 and as such, these Clauses are not attracted in the instant case. The Judgment relied upon the learned counsel for the petitioner does not come to his rescue as in that case, death occurred in the year, 2003 and Bipartite Agreement came into effect on 23.12.2000, whereas, in the instant case the father of the petitioner was declared medically unfit on 22.09.1994. However, learned Tribunal has held that Smt. Kamli Devi, wife of the ex- workman is entitled to monetary compensation of Rs.2000/- per month w.e.f. 28.06.1996, the date of the approval by the competent authority till the age of her sixty years. Admittedly, Smt. Kamli Devi-widow of Ex-service man has received the cheque of Rs.1,62,000/- as monetary compensation after the Award of learned Tribunal. Admittedly, Smt. Kamli Devi-widow of Ex-service man has received the cheque of Rs.1,62,000/- as monetary compensation after the Award of learned Tribunal. I do not find any illegality or infirmity in the impugned Award rejecting the claim of petitioner as well as Smt. Kamli Devi for employment on compassionate ground. As far as, monetary compensation is concerned, Smt. Kamli Devi is entitled for monetary compensation @ 2000/- per month since 22.09.1994 as on that date, husband of Smt. Kamli Devi was declared medically unfit by the Respondent-Management itself. Accordingly, Respondent-Management is directed to calculate the monetary compensation from 22.09.1994 and to pay the amount after adjusting the amount already paid, if any, to Smt. Kamli Devi, within a period of three months from the date of receipt of a copy of this order. The impugned Award is modify to the above extent only. 10. With the aforesaid observation and direction, this writ petition stands disposed of.