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NARENDRA KUMAR VYAS
Umesh Daharia, S/o. Late Jogiram Daharia – Appellant
Versus
South Eastern Coalfields Limited – Respondent
ORDER :
1. The petitioner has filed this writ petition under Article 226 of the Constitution of India with a prayer that the respondents be directed to provide dependent employment and also directed to provide monetary compensation to the petitioner’s family equal to the minimum wage per month from the date of the death of the father of the petitioner i.e., on 12-8-2008 till the dependent employment is provided to the petitioner and also prayed that the payment of compensation which shall be recovered from the erring officials of the respondent company.
2. Brief facts as reflected from the record are that the petitioner’s father late Jogiram was working as sweeper in the Main Hospital of South Eastern Coalfields Limited (SECL) in Korba and he died due to illness on 12-8-2008 in the Apollo Hospital, Bilaspur. As such, in terms of Clause 9.3.0 read with Clause 9.4.0 of the National Coal Wages Agreement (NCWA) VI and in terms of Clause 9.3.0 (I) of the NCWA, the petitioner’s brother has filed an application for dependent employment. On 8-8-2013 the petitioner’s mother namely Vijaya Bai was informed by the respondents that Mahesh Kumar Daharia who is elder brother of the present petition
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....
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
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.
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