IMPORTANT POINT
The court ruled that the mother of a deceased employee qualifies as a dependent for compassionate appointment under the National Coal Wage Agreement, emphasizing a liberal interpretation of dependency definitions.

ORDER :

1. The present petition has been filed by the mother of the deceased namely Sunil Kumar, who died in harness 21/09/2014 while working as a General Mazdoor Category-1 with the SECL. By way of the instant petition, the petitioner is the rejection of her claim for grant of compassionate appointment.

2. According to the petitioner she being the mother of the deceased employee and her only son died in harness and there is no other member in the family after the death of her son, she received a communication on 28/11/2014 wherein in lieu of service, the monetary compensation was contemplated and she was asked to move an application. Subsequently, the petitioner moved the application but the monetary compensation was denied to her. This led to filing of a writ petition bearing WPS No. 2706 of 2015, wherein this Court by order dated 05/10/2015 disposed of the said writ petition directing the respondents to decide the petitioner’s claim concerning monetary compensation and/or compassionate appointment within a specified time period. Subsequently, when the representation was filed, the claim of the petitioner/mother was denied on the ground that she being the mother do not come within the definition of dependent and National Coal Wage Agreement do not include the mother and reference to clause 9.3.3 of the National Coal Wage Agreement was made to reject her claim.

3. Learned counsel for the petitioner would submit that it has not been disputed that the mother being the only dependent survived after the death of her son and she being the female dependent was entitled to claim the monetary compensation as the definition of dependent of family cannot be narrowed down. He placed his reliance on the judgment passed by the High Court of Jharkhand in the matter of Madhubala Sinha vs. M/s Central Coalfields Limited and Others in LPA No. 617 of 2017 decided on 16.09.2019.

4. Per contra, learned counsel for the respondents would submit that the petitioner being the mother of the deceased employee will not be covered under the definition of ‘dependent’ as provided in the National Coal Wage Agreement. The provisions of agreement provides employment to the dependent but the same is only confined to unmarried daughter, son and legally adopted son and in case they are not available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased may be considered to be the dependents of the deceased. He placed his reliance in the matter of V. Sivamurthy vs. State of Andhra Pradesh and Others, (2008) 13 SCC 730 to submit that compassionate appointments are permissible only in the case of a dependent member of family of the employee concerned, that is spouse, son or daughter and not other relatives. Therefore, the rejection of the claim of the petitioner is well merited.

5. I have heard learned counsel for the parties and perused the documents.

6. There is no dispute of the fact that the petitioner and her son, who died in harness, were alone in the family and no other member exists. The son of the petitioner namely Sunil Kumar died in harness, while serving as a General Mazdoor. The relevant clause 9.3.3 and 9.5.0 of the National Coal Wage Agreement, on which the respondents are seeking his redressal to justify his claim to be valid, are reproduced herein-below:

“9.3.3 The dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependent is available for employment, brother, widowed daughter /widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased may be considered to be the dependant of the deceased.”

“9.5.0 Employment/Monetary compensation to female dependent.

Provision of employment/monetary compensation to female dependents of workmen who die while in service and who are declared medically unfit as per