Sanjay K. Agrawal, J.

The brilliant question of law that has cropped up for consideration in this petition is whether exclusion of married daughter of the deceased SECL servant for being considered for dependent employment under the terms of National Coal Wage Agreement-VI (henceforth 'NCWA-VI”) read with National Coal Wage Agreement-IX (henceforth 'NCWA-IX”) is just, fair and reasonable?

2. The above stated question of law arises for determination in the following factual backdrop.

3. The petitioner’s father - Shyam Sunder Sharma, while working as Senior Clerk in the respondent SECL at Jhiriya Mines, died in harness on 8.2.2014. The petitioner being married daughter of the deceased SECL servant, made an application for dependent employment in terms of Clause 9.3.3 of the National Coal Wage Agreement (for short 'NCWA'), which provides provision for dependent employment. Her application for dependent employment has been rejected on the ground that NCWA does not provide dependent employment to a married daughter.

4. Feeling aggrieved & dissatisfied with the above order rejecting petitioner’s application for dependent employment, the present writ petition has been filed challenging the said order and also challenging Clause 9.3.3 of NCWA-VI and Clause 9.3.0 of NCWA-IX as void and inoperative to the extent of impliedly prohibiting the married daughter for dependent employment.

5. In the writ petition filed by the petitioner, it has been pleaded that the above stated settlement entitling only the unmarried daughter for dependent employment and impliedly prohibiting the married daughter for dependent employment is unconstitutional and violative of Articles 14 & 15 of the Constitution of India. It has been further pleaded that there is discrimination on the basis of gender and, as such, the impugned clauses of NCWA and the order dated 18.10.2015 deserve to be quashed being contrary to law.

6. Return has been filed by respondent/SECL opposing the writ petition stating inter alia that National Coal Wage Agreement is binding between the parties and, as such, by virtue of Clause 9.3.3 of NCWA-VI, the married daughter is not entitled for dependent employment and the petitioner may claim monetary compensation in lieu of dependent employment. It has been further pleaded that earlier the mother of the petitioner Smt. Kusum Sharma had applied for monetary compensation but all of a sudden, the petitioner has changed her approach and she, being the married daughter of the deceased, has claimed dependent employment for which she is not entitled, as her husband is gainfully employed elsewhere and she was not at all dependent on the earning of her deceased father and, as such, petitioner is not entitled for dependent employment.

7. A short rejoinder has been filed opposing the averments made in the return.

8. Mr. Ajay Shrivastava, learned counsel for the petitioner submits that the whole object of granting dependent employment is to enable the dependent(s) of deceased’ family to earn bread and butter for the family and to come out from financial crises, who suffers on account of unexpected and untimely death of deceased/Government servant and, therefore, criteria to grant compassionate appointment should be dependency rather than marriage. He further submits that daughter remains a daughter of her parents even after marriage and marriage can never be considered to be a disqualification for a daughter and as such, marriage is a social circumstance and basic civil right of man and woman. He also submits that National Coal Wage Agreement is a settlement entered into between the parties within the meaning of Section 2(p) of the Industrial Disputes Act, 1947 (hereinafter referred to as “ID Act”) and such a settlement is binding upon the respondent/SECL by virtue of Section 18(3) of the ID Act and, as such, it is a contractual liability of the respondent/SECL having force of law and, therefore, it must be consistent with Articles 14 & 15 of the Constitut