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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sri Ananda Sen, J
Charku Manjhi, Son Of Late Raghunath Manjhi – Appellant
Versus
Central Coalfield Limited Through Its Chairman Cum Managing Director – Respondent
JUDGMENT :
ANANDA SEN, J.
Heard learned counsel for the petitioner and learned counsel for the Central Coalfields Limited.
2. The petitioner has challenged the order dated 28.12.2016 whereby the claim of the petitioner to keep him in the live roster has been rejected. Further prayer has been made to consider the case of the petitioner for grant of compassionate appointment.
3. The facts are admitted in this case. The mother of the petitioner was an employee of Central Coalfields Limited. She died in harness on 20.01.1997. The age of the petitioner at the time of death of his mother was 13 years 9 months 19 days. The petitioner prayed to get his name entered in the live roster.
4. As per the National Coal Wage Agreement, there is a provision to keep the name of minor in the live roster. If the name is kept in live roster, on attaining 18 years of age he is appointed on compassionate ground.
5. NCWA-5 was in vogue from 01.07.1991 to 30.06.1996 and NCWA-6 came to effect from 01.07.1996 and was valid till 30.06.2001. At the time of death of the mother of this petitioner NCWA- 6 was in vogue. Clause 9.5.0 of the National Coal Wage Agreement provides to give employment/monetary compensation to
Compassionate appointment claims are governed by the National Coal Wage Agreement, which mandates that age requirements must be met as per effective clauses at the time of the event.
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.
Point of Law : Petitioner is not entitled for grant of first limb of relief sought for by Petitioner unless Petitioner questions NCWA Agreements (National Cold Wage Agreements) in view of fact that N....
Compassionate appointment under the National Coal Wage Agreement is limited to recognized dependents, and monetary compensation is appropriate when direct dependents are alive.
The court ruled that the mother of a deceased employee qualifies as a dependent for compassionate appointment under the National Coal Wage Agreement, emphasizing a liberal interpretation of dependenc....
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,....
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