Back
A. S. CHANDURKAR, M. W. CHANDWANI
Ku. Shimla D/o. Late Satiram Rajbhar – Appellant
Versus
Western Coalfields Limited – Respondent
JUDGMENT :
A.S. Chandurkar, J.
Since common issues arise in these Writ Petitions, they are being decided together by this common judgment.
2. The facts in Writ Petition No. 4074/2018 are that one Satiram Rajbhar was in employment with the Western Coalfields Limited (WCL) as a permanent non-executive employee. He expired in harness on 6/4/2009 leaving behind his widow. On his death, his daughter Vimla and Shimla along with his brother Nandkishor were eligible dependents who could seek employment on compassionate reasons from the WCL. The widow of Satiram however preferred to seek employment for her son Nandkishor. Since at the relevant time Nandkishor was minor, a request was made by the widow to keep his name on the life roster and pay her monthly monetary compensation till he attained the age of majority and was thereafter provided employment under the National Coal Wage Agreement (NCWA). This was accordingly done. On 3/5/2011, Nandkishor attained majority. After submitting all relevant documents, the WCL on 7/8/2012 provided employment to Nandkishor and stopped paying the amount of monthly monetary compensation to the widow. On completion of the period of probation, the appointment
Even the contention that there is discrimination and provisions of Clause 9.3.2 and 9.3.3 is violative of Article 14 of Constitution of India, is without any basis.
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
The judgment emphasizes the binding nature of the National Coal Wages Agreement, the purpose of dependent employment as relief from immediate hardship, and the concessionary nature of compassionate a....
The court established that a female dependent's right to compassionate appointment under the NCWA is not negated by her minor status at the time of the deceased's death.
The main legal point established in the judgment is that the National Coal Wage Agreement, as a bi-partite agreement, has statutory fervor and binds the parties, and the court's power of review is li....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
