JUDGMENT :

H.C. Mishra, J.

The common question of law that is involved in both these Letter Patent Appeals, is whether sister and the mother of the deceased workman of CCL, who were admittedly not included as dependents under Clause 9.3.3 of the National Coal Wage Agreement (hereinafter referred to as 'NCWA'), could be appointed on compassionate ground, in absence of there being any other dependent under Clause 9.3.3 of the NCWA, and whether their non-inclusion in the list of dependents in the NCWA is unjust and uncalled for. As such, both the appeals have been heard together and are being disposed of by this common Judgment.

2. Heard learned counsels for the appellants and learned counsel for the respondents CCL in both these matters.

3. In both these matters, the Writ Court has denied the relief to the appellants writ petitioners, stating that the mother and the sister did not fall within the definition of the dependents under Clause 9.3.3 of the NCWA, and were not entitled for compassionate appointment upon the death of the deceased workman.

4. Facts in LPA No.617 of 2017 :-

The appellant in this appeal is the widow of late Anil Kumar, who had been working with the respondent CCL, and died in harness, while on duty. Thereafter her son Kundan Prakash was granted compassionate appointment in lieu of his deceased father, with the undertaking that he shall take care of his mother, i.e., the appellant herein, his inborn blind sister Pooja Kumari and also his unmarried sister at that time, Seema Kumari, who is the Performa respondent in the present appeal. Seema Kumari was subsequently married in the year 2014. The son of the appellant also met with an accident and died on 15.8.2015, while he was aged only of 23 years, and was unmarried, leaving behind his mother, who at that time was about 43 years of age, inborn blind and unmarried sister and also one married sister, Seema Kumari. Thereafter, the appellant applied for compassionate appointment in place of her deceased son under the provisions of Clause 9.3.3 of NCWA, since she had no income for survival of herself and her inborn blind daughter, and they were facing financial hardships. Her prayer was rejected on the ground that under Clause 9.3.3 of NCWA, the mother and sister do not come within the definition of dependent. Against the said order, appellant preferred WP(S) No. 3406 of 2016, in this Court and the Writ Court by the impugned Judgment dated 14.07.2017, dismissed the writ application stating that the mother does not fall within the definition of dependents. Aggrieved thereby, the present LPA has been filed by the appellant, claiming appointment on compassionate ground, being the mother of the deceased employee.

5. Facts in LPA No.475 of 2017 :-The appellant is the widow of late Nun Chand Mahto, who was employed under the CCL as driver, and after the death of Nun Chand Mahto in harness, his son Guruchand Mahto, being the dependent, was provided compassionate appointment by the respondent Company. Guruchand Mahto remained unmarried and he also died in harness on 28.11.2011. His service book reveled that his mother, i.e., the appellant herein, unmarried sister and his grandmother were dependents upon him. After the death of her son, the appellant gave application for the appointment of her unmarried daughter Sarita Kumari for appointment on compassionate ground. Since the sister was not included in the list of dependents for being appointed on compassionate ground in Clause 9.3.3 of NCWA, her claim was rejected by the respondent authorities. The appellant preferred WP(S) No. 6099 of 2012, in this Court, which was dismissed by the Writ Court by the impugned Judgment dated 17.07.2017, stating that since the sister was not included in the list of dependents in Clause 9.3.3 of NCWA, her prayer was not tenable in the eyes of law. Aggrieved thereby, the present LPA has been filed by the appellant, claiming appointment on compassionate ground for her daughter, who is the sister of t