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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Giravoina Komaraiah - Petitioner
Versus
The Singareni Collieries Company Ltd and Another - Respondents
W.P. No. 16582 of 2020
Decided On : 15-11-2022
Constitution of India, 1950 - Articles 14, 15, 16 - Equality before law - State shall not deny to any person equality before the law or the equal protection - It prohibited discrimination on five grounds: religion, race, caste, sex or place of birth - It provided for equality of opportunity in all government employment - Petitioner is not entitled for grant of the first limb of the relief sought for by the Petitioner unless the Petitioner questions the NCWA Agreements (National Cold Wage Agreements) in view of fact that the NCWA’s are binding upon all the parties. (Para 9)
Finding of the Court :
Petitioner has also not impleaded JBCCI (Joint Bipartite Committee for Coal Industry) which is a proper and necessary party - In view of said clear averment in counter affidavit filed by Respondents, Respondents are directed to forthwith pay Monthly Monetary Compensation (MMC) to the wife of the Petitioner as per Clause 9.5.0(ii) of NCW Agreement-VI, regularly, and further consider request of Petitioner for release of arrears of Monthly Monetary Compensation to wife of Petitioner w.e.f. 20.04.2018 the date on which Petitioner has been medically invalidated, and pass appropriate orders in accordance to law within a period of 4 weeks from date of receipt of the copy of order duly communicating said decision to Petitioner.
Result : Petition disposed.
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.
(b) The petitioner made a representation on 02.07.2018 to the 2nd respondent to add his daughter’s name i.e. Sravanthi, aged 12 years on live roster to provide employment after she attains majority and till then to provide his wife MMC as his daughter is the only person eligible for compassionate employment as per Clause 9.5.0(iii) of National Coal Wage Agreement – VI.
(c) The 2nd respondent replied that the existing rules does not provide for putting the name of the minor female dependant aged between 12 to 18 years by the time of death/medical unfitness of ex-employees of the live roster and that the petitioner is having another female dependant viz Kum. Praveena, aged 20 years and that she is eligible for the employment. Actually, the petitioner is having only one daughter by name Kum. Sravanthi.
(d) As per orders in K. Satish Kumar v. UOI & others (WP (PIL) No.19 of 2017 the dependants of the employees who were medically invalidated are eligible for compassionate employment including employment for female dependants.
(e) Aggrieved by the in action of the respondents, the present writ petition is filed.
4. The respondents filed counter, in brief, is as follows :
(a) As per the National Coal Wage Agreements formulated by the Joint Bipartite Committee for Coal Industry, with regard to the provision of dependant employment on compassionate grounds, there is no provision to keep the name of a minor female dependant who is in the age of 12 to 18 years, as on the date of death/medical unfit of ex-employee, on live roster to enable to provide employment on attaining 18 years of age.
(b) Clause 9.3.3 of National Coal Wage Agreement VI stipulates that the dependant for this purpose means the wife/husband as the case may be unmarried daughter, son and legally adopted son. If so, such direct dependant is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependant on the earnings of the deceased may be considered to be the dependant of the deceased.
(c) 9.3.0, 9.4.0 and 9.5.0: Provision of Employment/monthly monetary compensation to dependant :
(d) As per the pension Form PS 3 in the details of family members’ column, the petitioner has mentioned ‘G. Praveena’ as daughter and her date of birth is recor
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.
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