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KARDAK ETE
P. Yeramma W/o Late P. Appaiya – Appellant
Versus
Coal India Ltd. – Respondent
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
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,....
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.
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.
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....
The right to Monthly Monetary Cash Compensation for dependants of deceased employees is automatic upon death, as per the National Coal Wage Agreement, and does not require a formal application.
The entitlement to Monthly Monetary Cash Compensation (MMCC) for a female dependent accrues immediately upon the death of the employee, and if employment is not offered, the employer is obliged to pa....
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