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2022 Supreme(Jhk) 199
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ravi Ranjan, Sujit Narayan Prasad, JJ.
Mina Devi – Petitioner
Versus
The Central Coalfields Limited through its Chairman-cum-Managing Director and ors. – Respondents
L.P.A. No.394 of 2019 With I.A. No.10953 of 2019
Decided On : 05-04-2022
Advocate Appeared:
For the Appellant :Mr. Nand Kishore Prasad Sinha, Advocate Mr. M. S. Ansari, Advocate
For the Respondent:Mr. Mukesh Bihari Lal, Advocate
The main legal point established in the judgment is the requirement to consider the provisions of NCWA-VI Clause 9.5.0(iii) in cases of appointment on compassionate ground and the importance of conducting an enquiry to verify the genuineness of relevant documents.
Headnote:
Delay Condonation - Appointment on Compassionate Ground - NCWA-VI Clause 9.5.0(iii) - 01.01.2000 - The court allowed the delay of 06 days in preferring the appeal. The case involved the rejection of a claim for appointment on compassionate ground due to the age of the dependent. The court discussed the provisions of NCWA-VI Clause 9.5.0(iii) and emphasized the requirement to keep the male dependent on a live roster and provide employment when he attains 18 years. The court highlighted the importance of conducting an enquiry to verify the genuineness of the matriculation certificate and the failure to consider the object and intent of the NCWA in denying the claim. The court quashed the previous order and remitted the matter for further enquiry.
Fact of the Case:
The appellant-writ petitioner sought appointment on compassionate ground for her son after her husband's death. The claim was rejected based on the son's age and absence from service records. Multiple writ petitions were filed, and the court was approached for relief.
Finding of the Court:
The court found that the rejection of the claim based solely on the absence of the son's name in service records was unjustified. The court emphasized the importance of considering the matriculation certificate and conducting an enquiry to verify its genuineness. The court also highlighted the failure to uphold the object and intent of the NCWA in denying the claim.
Issues: The key issues revolved around the eligibility for appointment on compassionate ground based on the age of the dependent and the absence of the dependent's name in service records. The court also addressed the failure to conduct an enquiry to verify the genuineness of the matriculation certificate.
Ratio Decidendi: The court's decision was based on the interpretation of NCWA-VI Clause 9.5.0(iii) and the requirement to keep the male dependent on a live roster and provide employment when he attains 18 years. The court emphasized the need for an enquiry to verify the genuineness of the matriculation certificate and the failure to consider the object and intent of the NCWA in denying the claim.
Final Decision: The court quashed the previous order, allowed the writ petition, and remitted the matter for further enquiry to verify the genuineness of the matriculation certificate and to uphold the object and intent of the NCWA.
JUDGMENT :
I.A. No.10953 of 2019:
1. This interlocutory application has been filed for condoning the delay of 06 days, which has occurred in preferring this appeal.
2. Heard learned counsel for the parties.
3. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.
4. Accordingly, I.A. No. 10953 of 2019 is allowed and the delay of 06 days in preferring the appeal is condoned.
L.P.A. No.394 of 2019:
5. The instant intra-court appeal preferred under Clause 10 of the Letters Patent is directed against the order/judgment dated 07.05.2019 passed by the learned Single Judge of this Court in W.P.(S) No. 2964 of 2017, whereby and whereunder, the writ petition has been dismissed, declining to interfere with the order dated 25/26.05.2012 by which the claim of the writ petitioner was rejected for appointment on compassionate ground since she had crossed the age of employment, i.e., 45 years.
6. The brief facts, as per the pleading, which are required to be enumerated, read as hereunder:
The husband of the appellant-writ petitioner, who was a regular employee of the respondent company, died in harness on 19.10.2010. The appellant-writ petitioner (widow) has filed an application under Clause 9.4.2 of the National Coal Wage Agreement (VI) (in short N.C.W.A.) dated 08.11.2010 for providing appointment to her on compassionate ground. As no action had been taken by the respondents, appellant-writ petitioner had filed a petition being W.P.(S) No.7184 of 2011 which was disposed of vide order dated 02.04.2012 directing the respondents to consider the claim of the petitioner and pass a reasoned order. In pursuance thereof, an application was filed on 16.04.2012, but the same was rejected on 25/26.05.2012 on the ground that the appellant-writ petitioner had crossed the age of employment i.e. 45 years.
Thereafter, the appellant-writ petitioner filed second writ petition being W.P.(S) No.3919 of 2012, which was withdrawn and again a fresh writ petition being W.P.(S) No.947 of 2013 was filed by the son of the appellant-writ petitioner. The third writ petition filed for putting the son of the appellant-writ petitioner on live roster, was dismissed for non-prosecution. Thus, the second writ petition filed by the appellant-writ petitioner had been dismissed as withdrawn and as such, the present writ petition, i.e., W.P.(S) No. 2964 of 2017 is the fourth petition filed by the appellant-writ petitioner for issuance of a direction for appointment of her son on compassionate ground.
7. It is the case of the appellant-writ petitioner that as per the condition stipulated under Clause 9.5.0 of NCWA-VI wherein, as under condition no.(iii) thereof, it has been provided that in case of death either in mine accident or for other reasons or medical unfitness under Clause 9.4.0 if no employment has been offered and the male dependent of the concerned worker is 12 years and above in age, he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependent is on live roster, the female dependent will be paid monetary compensation as per rates at para-(i) & (ii). This will be effective from 01.01.2000.
The case of the appellant-writ petitioner is that since the son of the appellant-writ petitioner was above 12 years at the time of death of his father, as such, he should have been kept in live roster and on attaining the age of 18 years, the employment should have been provided to him. However, the respondents have opposed such prayer by making reference of the order dated 25.08.2017 passed in the present writ petition whereby and whereunder the respondents were directed to file affidavit on the issue as to whether during the lifetime of her husband, the company has recognized Mr. Ujjawal Kumar as his son.
Affidavit was filed stating tha
