SHIV KUMARI Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) AS per policy under National Coal Wages Agreement, Chapter 9 ''Social Security", clause 9.3.0 makes provisions for employment to the dependents of the workers who are disabled permanently and also those who die while in service, Clause 9 5.0 deals with employment/monetary compensation to female dependents. Clause 9.5.0 provides for either employment to the female dependent or payment of monetary compensation at the rate of Rs. 3000/- per month.

(2.) THE application dated 21.05.2005 (Annexure P/6) filed by the petitioner, was rejected on the ground that she was under age for employment. In that event, the petitioner ought to have been provided monetary compensation as per clause 9.5.0 (ii) and (iii) of Chapter 9 of the National Coal Wages Agreement. It is beneficial to quote the relevant provisions :

(3.) IN view of the above, the petition is accordingly allowed. No order as to costs. Petition Allowed.