The NCWA, including Clause 9.5.0 (III), was a negotiated agreement with statutory force, and compassionate appointment should be strictly construed according to the terms and conditions of the scheme.

Shampa Sarkar, J.

1. These three intra-court appeals involve similar questions. The appellant in all these appeals is the Eastern Coalfields Limited (hereinafter referred to as ECL). This Court has decided to hear these appeals analogously with the consent of the parties.

2. Apo No.505 of 2017 arises out of W.P.No.556 of 2014 (hereinafter referred to as the writ petition no.1).

3. Apo No. 3444 of 2017 arises out of W.P. No.554 of 2014 (hereinafter referred to as the writ petition no.2).

4. Apo No.182 of 2018 arises out of W.P. No.232 of 2015 (herein after referred to as the writ petition no.3).

5. The writ petition no.1 was filed by the respondent/writ petitioner, Kumari Kiran Singh, for setting aside the order passed by the General Manager (P & IR) Eastern Coalfields Limited dated 28/29 November, 2013, by which her prayer for appointment under the appellant on compassionate grounds was rejected. A further prayer for employment in place of her father, late Dilip Kumar Singh, an ex-employee of the appellant who had died-in-harness was also made. The father of Kumari Kiran Singh died-in-harness on January 26, 2004. At the time of death of her father, she was 17 years 8 months and 6 days old. Upon attaining the age of 18 years, she applied for compassionate appointment. On May 12, 2005, the General Manager, Sodepur area sent her documents to the Chairman-cum Managing Director, Eastern Coalfields Limited, Headquarters who was the competent authority. The competent authority failed to take any action, even pursuant to two representations dated December 16, 2005 and July 6, 2006. Finally in 2011, she filed W.P. No.634 of 2011, being aggrieved by the inaction on the part of the appellant. The said writ petition was disposed of by a learned Single Judge of this court on August 12, 2013, with a direction upon the General Manager (personnel) Eastern Coalfields Limited, to consider the case for compassionate appointment of Kumari Kiran Singh in accordance with law upon giving her a hearing and by passing a reasoned order. On October 28, 2013, Kumari Kiran Singh appeared before the General Manager (P & IR), Eastern Coalfields Limited Head quarters. By an order dated November 28/29 of 2013, the General Manager (P & IR) Eastern Coalfields Limited rejected her prayer for compassionate appointment by assigning the following reasons:-

"I have gone through the representation and argument of Kumari Kiran Singh and found that:

(a) Admittedly she was 17 years 8 months and 6 days old on the date of death of her father.

(b) The relevant portion of National Coal Wage Agreement (NCWA) applicable to the case is reproduced below:

"9.5.0 (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 form 1.1.2000".

From the above it is evidently clear that there is a provision of keeping the name of male dependant in the live roster till he attains eighteen years of age, which is the minimum age for employment under Mines Act, 1952. But the same is not applied to the female dependant.

The Petitioner Kumari Kiran Singh being the female dependant is not entitled for the same consideration.

(c) The NCWA-III is a bipartite agreement between the five federations of trade unions representing the workmen of Coal Industry and the Management of Coal India, Singareni Collieries Co. Ltd. (SCCL).

The Subsidiary Companies of CIL such as ECL, has no authority to interpret the provision of said