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IN THE HIGH COURT FOR THE STATE OF TELANGANA
B. VIJAYSEN REDDY, J.
Durgam Mallesh and others - Petitioner
Vs.
The Singareni Collieries Company Limited (SCCL), Rep by its Chairman and Managing Director, Singareni Bhavan, Red Hills, P.B.No.18, Khairatabad PO, Hyderabad. Telangana State – 500 004 and others - Respondent
WRIT PETITION No.5922 of 2020
Decided On : 25-10-2021
Constitution of India, 1950 - Articles 14, 16, 19(g), 21, 226 - Hindu Marriage Act, 1955 - Section 11, 16 - Industrial Disputes Act, 1947 - Coal Mines Regulations and Mines Act, 1952 - Provision of Employment to Dependants - Petitioners submits as per National coal Wage Agreement, petitioner is entitled for either employment to one of dependants or monetary benefits - That National Coal Wage Agreement does not bar ‘Son born to Second wife for dependant employment’ - Under Section 16 of Hindu Marriage Act, 1955, a child born out of void marriage would have to be treated as legitimate child – Respondent states that petitioner was medically invalidated by Corporate Medical Board and his services were terminated - As per rules of respondent/company, petitioner is eligible for social security benefit i.e. he may opt either for lumpsum amount or monthly monetary compensation or dependent employment to one eligible dependant.
Finding of the Court :
Issue essentially is whether it is open to an employer, who is amenable to Part III of Constitution to deny benefit of compassionate appointment which is available to other legitimate children - While designing a policy of compassionate appointment, State can prescribe terms on which it can be granted - Purpose of compassionate appointment is to prevent destitution and penury in family of a deceased employee - Once Section 16 of Hindu Marriage Act, 1955 regards a child born from a marriage entered into while earlier marriage is subsisting to be legitimate, it would not be open to State, consistent with Article 14 to exclude such a child from seeking benefit of compassionate appointment - Such a condition of exclusion is arbitrary and ultra vires - Salutary purpose underlying grant of compassionate appointment, which is to prevent destitution and penury in family of a deceased employee requires that any stipulation or condition which is imposed must have or bear a reasonable nexus to object which is sought to be achieved - By excluding a class of beneficiaries who have been deemed legitimate by operation of law, condition imposed is disproportionate to object sought to be achieved - Having regard to purpose and object of a scheme of compassionate appointment, once law has treated such children as legitimate, it would be impermissible to exclude them from being considered for compassionate appointment - Children do not choose their parents - To deny compassionate appointment though law treats a child of a void marriage as legitimate is deeply offensive to their dignity and is offensive to constitutional guarantee against discrimination.
Result : Writ petition allowed.
ORDER :
This writ petition is filed to declare the action of the respondents in rejecting the claim of the petitioner No.2 for dependant employment vide proceedings dated 23.11.2019 issued by the respondentNo.2, as being illegal, arbitrary and violative of principles of natural justice; violative of Articles 14, 16, 19(g) and 21 of the Constitution of India and against the judgment of the Supreme Court in UNION OF INDIA v. V.R. TRIPATHI, (2019) 14 SCC 646 and to set aside the impugned proceedings dated 23.11.2019 and direct the respondents to consider the petitioner No.2 for dependant employment.
2. It is stated that the petitioner No.3 is the wife of the petitioner No.1; petitioner No.4 is the second wife of the petitioner No.1; petitioner No.2 is the eldest son of the second wife of the petitioner No.1 and petitioner No.5 is the youngest son of second wife of the petitioner No.1. Petitioner No.1 was a permanent employee of the Singareni Collieries Company Limited and his designation was coal cutter. He worked until March 2019 at Kasipet Mine, Mandamarri Area. He was removed from service since he was declared medically invalid by the Corporate Medical Board for further service. His name was removed from the service rolls of the Kasipet Mine with effect from 26.03.2019.
3. It is the contention of the petitioners that as per the National coal Wage Agreement, the petitioner No.1 is entitled for either employment to one of the dependants or monetary benefits. Petitioner No.2 is the eldest son of the second wife of the petitioner No.1. He completed SCC/10th class with 7.3 CGPA for the academic year 2015-2016 and his age is 20 years. He is eligible for dependant employment and the petitioners No.1, 3, 4 and 5 agreed unanimously for dependant employment for the petitioner No.2. Accordingly, the petitioners No.1 to 5 submitted application before the respondent No.3 for dependant employment to petitioner No.2. However, under the impugned proceedings dated 23.11.2019, the dependant employment was rejected by giving the following reason:
4. It is submitted by the petitioners that the National Coal Wage Agreement does not bar ‘Son born to Second wife for dependant employment’. Under Section 16 of the Hindu Marriage Act, 1955, a child born out of void marriage would have to be treated as legitimate child. In similar circumstances, the Supreme Court in V.R. TRIPATHI’s case (1 supra) passed an order holding that the children born to the second wife are entitled for compassionate appointment.
5. In the counter filed by the respondents, it is stated that the respondent/company is having work force of 46,000 employees and carrying on mining operation. It is engaged in exploration, excavation, extracting and mining of coal in six districts of the Telangana State. It is a Scheduled Industry under the Industrial Disputes Act, 1947. The Code of Discipline is in force and the workmen are covered under various Statutes, including Coal Mines Regulations and Mines Act, 1952 and Mines Rules. The employees are governed by the National Coal Wage Agreement (NCWA) formulated by the Joint Bi-Partite Committee for Coal Industry (JBCCI). The JBCCI evolves wage structures, leaves, LTC/LLTC, medical facilities, allowances, increments, service conditions other fringe benefits.
6. It is further stated that the petitioner No.1 was medically invalidated by the Corporate Medical Board and his services were terminated with effect from 26.03.2019. As per the rules of the respondent/company, the petitioner No.1 is eligible for social security benefit i.e. he may opt either for lumpsum amount
Point of Law : Apex Children born out of second marriage cannot be treated as illegitimate children, therefore, the impugned rejection order dated 24.04.2018 passed by the respondents is contrary to ....
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
Children from void second marriage, deemed legitimate under Section 16 HMA, cannot be excluded from compassionate appointment by employer policy, as it violates Article 14 equality; must be considere....
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
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