IMPORTANT POINT
The main legal point established in the judgment is that the National Coal Wage Agreement, as a bi-partite agreement, has statutory fervor and binds the parties, and the court's power of review is limited to correcting errors and preventing miscarriage of justice.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Mr. Sanjay Prasad, learned arguing counsel for the petitioner, at the outset, has sought for leave of this Court to make necessary correction in the provision of law under which the instant review petition has been filed.

2. Considering the same, let the necessary correction be carried out in course of the day.

3. The instant review petition has been filed for review of the judgment dated 18.01.2021 passed by the Division Bench of this Court in L.P.A. No. 100 of 2020, whereby and whereunder, the order dated 20.09.2019 passed by the learned Single Judge in W.P.(S) No. 3993 of 2018 had been set aside.

4. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, read as under:

The father of the writ petitioner, who was permanent employee and was posted as Pump Operator at Ramkanali Colliery under the respondents-BCCL (hereinafter referred to as ‘the BCCL’) died in harness on 11.01.2015. At the time of death, the writ petitioner and her sister were minor and as such, mother of the petitioner, wife of the deceased employee had submitted her representation before the respondent for appointment of her daughter on compassionate ground.

The case of the writ petitioner was considered but rejected on the ground that the age of the writ petitioner at the time of death of her father was 15 years 8 months and 24 days but there is no provision to keep female dependant on live roster. It is further case of the writ petitioner that on 27.12.2017, the writ petitioner had submitted a representation requesting therein that the ground of rejection of her claim for compassionate appointment, is illegal and arbitrary in view of the fact that she had applied for compassionate appointment on 01.06.2015 and had attained majority on 02.05.2017 and as such, a request was made to consider her case for appointment on compassionate ground. But, the said claim was rejected vide order dated 13/30.06.2018.

The aforesaid order was assailed before this Court by invoking jurisdiction conferred under Article 226 of the Constitution of India, wherein the ground has been agitated that the compassionate appointment is to be provided to unmarried daughter as per the provision contained in Para-9.4.0 of N.C.W.A and as such, the action of the respondent-BCCL, rejecting the claim of the petitioner is illegal and arbitrary in the eyes of law. Further submission has been made that her claim on the ground of gender is against the provision of Constitution of India. It has further been submitted that in terms of N.C.W.A, a male dependant, who is below the age of 18 years can be kept in live roster till he attains majority but there has been apparent discrimination in the case of female dependant as would appear from the case in hand.

Per contra, a counter affidavit was filed by the respondents-BCCL. Learned counsel for the respondents-BCCL opposed the contention of the petitioner by making submission that as per the service excerpts of the deceased employee, the name of the writ petitioner did not find place in the list of dependants and after the death of the deceased employee, the family certificate was submitted by the writ petitioner in which she is shown as dependant along with her sister and mother. It has further been submitted that the mother of the writ petitioner earlier requested for compassionate appointment to be given in favour of the writ petitioner but was rejected vide letter dated 06.01.2016 on the ground that the petitioner’s age is 15 years 8 months and 24 days and she is minor and there is no provision to keep the name of female dependant in the live roster, which was never been challenged. Further argument has been made that in absence of enabling provision that if the dependant of deceased is minor and not eligible for employment on compassionate ground, then he/she can claim such employment after becoming major subsequently? The respondent cannot pass order in such c