IMPORTANT POINT
The main legal point established in the judgment is the need for diligent and prompt consideration of claims for dependent employment and monetary compensation under the National Coal Wage Agreement, especially in the absence of a limitation period for filing applications.

JUDGMENT :

KARDAK ETE, J.

1. Heard Ms. M. Nirola, learned counsel for the petitioner. Also heard Mr. M.Z. Ahmed, learned Senior Counsel assisted by Mr. A.M. Dutta, learned counsel for the respondents.

2. By filing this petition, the petitioner assails the impugned letter dated 29.09.2011, issued by the MT (HR/P), Boragolai Colliery, NEC, whereby the petitioner was directed to submit the required documents within 6 (six) months after the death of the husband of the petitioner stating that after 6 (six) months from the death of her husband, the case will not be entertained in future. And the letter dated 20.07.2013, whereby, the claim of the petitioner for dependent employment of the son of petitioner has been rejected on the ground that the name of the son was not kept in the Live Roster. The petitioner also prayed for grant of monetary compensation as well as dependent employment in terms of the National Coal Wage Agreement (in short the NCWA).

3. The petitioner is the wife of Late P. Appaiya, who was an employee of Boragolai Colliery under Margherita, North East Coal Field India Limited. The husband of the petitioner had died-in-harness on 02.07.2008, leaving behind the petitioner and three minor children who were fully dependant on her husband. At the time of death of the petitioner’s husband, her elder son Sri P. Sriramlu was recorded in the Service Book of her deceased husband as aged about 15 years. Due to sudden death of her husband, the petitioner was on financial destitution having no knowledge of the scheme of monetary compensation and dependent employment. Having come to know the scheme, on 25.02.2010, she applied for monetary compensation. Several correspondences were made between the respondent authorities. On 05.07.2011, the petitioner had applied for dependent employment of her elder son Sri P. Sriramlu in terms of the NCWA.

4. It is contended that surprisingly, vide letter dated 29.09.2011, the petitioner was directed to submit the required documents within 6 (six) months after the death of her husband stating that after 6 (six) months from the death of her husband, her claim shall not be entertained in future. The petitioner, however, submitted the requisite documents/report as well as details of both the claims of the petitioner regarding monetary compensation and dependent employment to the concerned authority. Having no information or communication from the respondent authority, vide letter dated 12.07.2013, the petitioner has approached the respondent authority. Most surprisingly, the respondent authority has rejected the claim of the petitioner for dependent employment vide impugned letter dated 20.07.2013. Hence, this Writ Petition.

5. Ms. M. Nirola, learned counsel for the petitioner, submits that the petitioner and her son are entitled to be granted the monetary compensation as well as dependent employment under the NCWA. She further submits that the rejection of the case of the petitioner for monetary compensation as well as dependent employment militates against the NCWA, under which the petitioner and her son are duly entitled to. Therefore, she submits that direction may be issued to the respondent authorities to grant the monetary compensation as well as dependent employment to the son of the petitioner, in terms of the NCWA.

6. Mr. M.Z. Ahmed, learned Senior Counsel, appearing for the respondents, while referring to the affidavit-in-opposition filed on behalf of the respondents, submits that the issue relating to appointment on compassionate ground is governed by the provisions 9.3.0, 9.4.0 and 9.5.0 under Chapter-IX (Social Security) of the NCWA adopted on 23.12.2000 by the Coal India Limited. The main object of providing employment on compassionate ground and/or Monetary Compensation, is to give immediate relief to the dependants/family members, but since it was noticed that in most of the cases regarding dependent employment/monetary compensation, claims were forwarded to Company’s Headquarters at Mar