IMPORTANT POINT
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to consider the case of the petitioner No.1 for employment in terms of para-9.5.0. (III) of NCWA-VIII and also for monetary compensation for petitioner No.2, who is mother of petitioner No.1.

3. The brief fact of the case is that the petitioner No.1 is the son of deceased employee late Bharat Mahto from his 2nd wife and petitioner No.2 who is the 1st wife of the deceased employee who was working in the services of M/s BCCL as Tyndal in the Ropeways Division of M/s BCCL. Since petitioner No.2 was having no issue the employee, Bharat Mahto got married with one Kalyani Devi with the consent of petitioner No.2. The employee Bharat Mahto had only one daughter namely, Kiran Kumari and two sons, namely, Suraj Kumar Mahto who is the petitioner No.1 and Dhananjay Kumar Mahto with the said Kalyani Devi.

Unfortunately, Bharat Mahto died-in-harness on 27.01.2007. After the death of employee Bharat Mahto the biological mother of petitioner No.1, namely, Kalyani Devi applied for employment on 05.06.2007 under para-9.3.2. of NCWA which was effective from 01.07.2006 to 30.06.2011. The petitioner No.2 herein also applied for employment under the same clause of NCWA VIII. However, the respondent vide letter dated 04.07.2007 informed the petitioner No.2 that second wife Kalyani Devi has also claimed employment but the same cannot be given to Kalyani Devi as the first wife i.e. petitioner No.2 was alive and requested the petitioner No.2 to apply for monetary compensation as she has already attained the age of 45 years.

4. In the instant case, the first wife i.e. petitioner No.2 was not given employment because of her over age and second wife Kalyani Devi was also denied employment as she has no legal right for the same. Subsequently, petitioner No.2 who is the elder mother of petitioner No.1 vide Letter dated 05.06.2008 requested the respondents to keep the name of her husband’s son from his second wife, namely, Suraj Kumar Mahto who is petitioner No.1 in the instant case and during relevant time he was above 12 years of age to put him on live roaster as per the scheme and thereafter provide employment.

It is the case of the petitioner that as per para 9.5.0. (III), if no employment has been offered and the male dependent of the concerned worker is above 12 years but below the age of 18 years; he will be kept on a live roaster and would be provided employment when he attains the age of 18 years. During the period the male dependent is on live roaster the female dependent will be also be paid monetary compensation.

5. In the instant case, the date of birth of petitioner No.1 is 12.11.1994 which is evident from his matriculation certificate and at the time of death of his father, he was above 12 years and the respondents were also requested vide letter dated 05.06.2008 of the elder mother i.e. petitioner No.2, to keep the name of petitioner No.1 in the live roaster in terms of para-9.5.0. (iii) of NCWA VIII. However, till date, neither any employment has been offered to the petitioner No.1 nor the monetary compensation has been given to the petitioner No.2 from the date of death of her deceased husband.

Further fact reveals that earlier the respondent-BCCL vide their letter dated 04.07.2007 admits the claim of monetary compensation for petitioner No.2 but did not respond to the other claim of appointment which was claimed by the petitioners in view of para- 9.5.0. (iii) of NCWA.

6. Mr. Ratnesh Kumar, learned counsel representing the petitioners draws attention of this Court towards Annexure-6 which is the chapter of social security under NCWA (VIII). He further submits that as per para-9.5.0 (iii) in case if no employment has been offered and the male dependent of the deceased worker is 12 years and above in age but below 18 years of age, will be kept on live roaster a