SUREPALLI NANDA
Giravoina Komaraiah – Appellant
Versus
Singareni Collieries Company Ltd. – Respondent
ORDER :
Heard learned counsel for the petitioner and learned Standing counsel appearing for the respondents.
2. This writ petition is filed to issue any order or direction more particularly one in the nature of a writ of Mandamus by declaring the respondent’s action in rejecting petitioner’s plea to add his daughter’s name in the live roster and to grant monthly Monitory Compensation (MMC) to his wife till his daughter attains 18 years and is provided employment in Singareni Collieries Company Ltd as illegal, arbitrary and in violation of Articles 14, 15 and 16 of the Constitution of India and thereby direct the SCCL to grant MMC to petitioner’s wife from 20.04.2018 and to keep the petitioner’s daughter on its live roster and provide her employment after she attains 18 years.
3. The case of the petitioner, in brief, is as follows :
(a) The petitioner was appointed on 17.10.1986 as Badili worker. On 19.04.2018, the petitioner was examined by SCCL Corporate Medical Board and thereafter, they certified that the petitioner is medically invalidated and the petitioner attending the work from 20.04.2018. The petitioner was subsequently terminated from service vide proceedings dated 25.05.2018
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....
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.
The court established that a female dependent's right to compassionate appointment under the NCWA is not negated by her minor status at the time of the deceased's death.
The judgment emphasizes the binding nature of the National Coal Wages Agreement, the purpose of dependent employment as relief from immediate hardship, and the concessionary nature of compassionate a....
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.
The right to Monthly Monetary Cash Compensation for dependants of deceased employees is automatic upon death, as per the National Coal Wage Agreement, and does not require a formal application.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.