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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Charku Manjhi, Son Of Late Raghunath Manjhi - Appellant
Vs.
Central Coalfield Limited Through Its Chairman Cum Managing Director - Respondent
WP(S) No.2496 of 2018
Decided On : 13-02-2025
(A) National Coal Wage Agreement - Clause 9.5.0 - Compassionate appointment - Petitioner's claim to be kept in the live roster rejected as the relevant clause effective from 01.01.2000 does not apply to the petitioner whose mother died in 1997 - The petitioner was 13 years old at the time of death and had applied for compassionate appointment shortly thereafter. (Paras 3, 5, 7, 9)
(B) Age requirement for compassionate appointment - The age of the male dependent must be above 12 years to be kept in the live roster, with compassionate appointment granted upon reaching 18 years. (Paras 5, 7)
Facts of the case:
The petitioner sought compassionate appointment after the death of his mother, an employee of Central Coalfields Limited, who died in harness in 1997. The petitioner's age at the time of death was 13 years 9 months. He applied for compassionate appointment shortly after her death.
Findings of Court:
The court found that the clause allowing for compassionate appointment was not applicable to the petitioner as it was made effective after his mother's death, and thus his request could not be granted.
Issues: The main issues addressed were the applicability of the National Coal Wage Agreement concerning age requirements for compassionate appointment and the time elapsed since the mother's death.
Ratio Decidendi: The court reasoned that since the relevant clause was not in effect at the time of the mother's death, the petitioner could not be granted relief, especially given the significant time lapse since the event.
Result: Writ petition is dismissed.
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 the female dependent. It is necessary to quote entire clause of NCWA 9.5.0: 9.5.0 Employment/monetary compensation to female dependent Provision of employment /monetary compensation to female dependents of workmen who die while in service and who are declared medically unfit as per clause 9.4.0. above would be regulated as under:
(i) In case of death due to mines accident, the female dependent would have the option to either accept the monetary compensation of Rs.4000/- per month or employment irrespective of her age.
(ii) In case of death /total permanent disablement due to cause other than mines accident and medical unfitness under clause 9.4.0. If the female dependent is below the age of 45 years she will have the option of either to accept the monetary compensation of Rs.3000/- per month or employment.
In case the female dependent is above 45 years of age she will be entitled only to monetary compensation and not employment.
(iii) In case of death either in mines accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and male dependent of the concerned worker is 12 years and above in age, he will be kept in live roster and would be provided employment commensurate with his skill and qualifications when attains the age of 18 years, During the period the male dependent will be on live roster, female dependent will be paid monetary compensation of as per rate at para(i) & (ii) above. This will be effective from 1.1.2000.
(iv) Monetary compensation wherever applicable, would be paid till the female dependent attains the age of 60 years.
(v) the existing rate of monetary compensation will continue. The matter will be further discussed in the Standardisation Committee and finalised.
6. From perusal of the aforesaid provision, it is clear that clause-1 provides for grant of monetary compensation per month to the female dependent in case of death due to mines accident irrespective of the age. Clause-2 covers death or total permanent disablement other than the mines accident and also covers medical unfitness under clause-9.4.0. If the female dependent is below 45 years she will have the option either to accept monetary compensation of Rs.3,000/- per month or employment. If she is above 45 years she will be entitled to monetary compensation only.
7. The most important clause here is clause-3 which provides to keep a male dependent in live roster. The age of the dependent should be more than 12 years and after attaining 18 years, he will be provide compassionate appointment. The said clause is made effective w.e.f. 01.01.2000. Since the clause has been made effective from 01.01.2000 and the fact that the mother of the petitioner died on 20.01.1997, this clause to keep this petitioner in the live roster cannot be ap
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.
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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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