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2018 Supreme(SC) 205

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR
Subhadra – Appellant
Versus
Ministry of Coal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Radhakanta Tripathy, Ms. Chandan Ramamurthi
For the Respondents: Mr. Vivek Narayan Sharma, Mr. Sidharth Mahajan, Mr. Ajay Singh, Mr. Manieesh Pathka, Ms. Arunima Dwivedi, Mr. Gurmeet Singh Makker

JUDGMENT :

Kurian, J.

1. Leave granted.

2. The appellant is before this Court since her claim for compassionate appointment under Respondent No. 2 was declined. Her husband died on 06.07.2003. It is not in dispute that as on the date of death of the husband, she was around 35 years of age. It is also not in dispute that as on the date of death of the husband, they had a minor son aged around 13 years.

3. The compassionate appointment is governed by a Bipartite Agreement, signed on 23.12.2000. The provisions read as follows:-

“9.3.0 Provision of Employment to Dependants

9.3.1 Employment would be provided to one dependant of workers who are disabled permanently and also those who died while in service. The provision will be implemented as follows :

9.3.2 Employment to one dependant of the worker who dies while in service.

In so far as female dependants are concerned, their employment/payment of monetary compensation would be governed by para 9.5.0.

9.4.0 Employment to one dependant of a worker who is permanently disabled in his place.

…. …. ….

9.5.0 Employment/Monetary compensation to female dependant.

Provision of employment/monetary compensation to female dependants of workmen who die while in






















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