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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Vinita Sinha, W/o Late Manoj Kumar Sinha – Appellant
Versus
Coal India Limited – Respondent
JUDGMENT :
Heard learned counsel representing the petitioners and learned counsel representing the respondents.
2. The petitioners are not pursuing the first prayer, which is the challenge thrown to clause-9.4.2 of the National Coal Wage Agreement (NCWA).
2.1. The second prayer of the petitioners is to quash Letter e0iz0 ch0 dk0fo0 No. / -2/ /2021/685 dated 27/28.07.2021, whereby the application of petitioner No.1 – Vinita Sinha (widow of the deceased employee – Manoj Kumar Sinha) for grant of compassionate appointment to her married daughter – Surbhi Sinha (petitioner No.2 / daughter of the deceased employee - Manoj Kumar Sinha), was rejected.
2.2. Further prayer has been made to grant compassionate appointment to the petitioner No.2.
3. Admittedly, the petitioner No.1 is the widow of Manoj Kumar Sinha (deceased) and petitioner No.2 is the daughter of Manoj Kumar Sinha (deceased).
4. In this case, compassionate appointment was claimed for the married daughter (petitioner No.2).
5. Late Manoj Kumar Sinha, joined the Bharat Coking Coal Limited (BCCL), on 28.08.1985. He died in harness on 01.10.2020, while working on the post of Accountant.
6. It is the case of the petitioners that Manoj Kum
Compassionate appointment under the National Coal Wage Agreement is limited to recognized dependents, and monetary compensation is appropriate when direct dependents are alive.
A respondent may be entitled to monetary compensation from the date of application for compassionate appointment when the application is delayed, and the employer fails to offer compensation upon rej....
The main legal point established in the judgment is the entitlement of the petitioner to compassionate appointment under the National Coal Wages Agreement-IX (NCWA-IX) and the court's emphasis on tim....
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....
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