COAL INDIA LTD Vs. ASHA PANDEY

JUDGEMENT

(1.) As a common question is involved in all above three appeals, therefore, they are being disposed off by this common order.

(2.) Appellants have challenged the order passed by learned writ Court in different writ petitions on different dates, one of which is WPS No.4994/14, parties being Smt. Asha Pandey v. CIL & ors, wherein learned writ Court held a married daughter also to be entitled for dependent employment.

(3.) Brief facts relevant for disposal of these appeals are that appellant company is a public-sector government undertaking who looking to interest of its employees had entered into an agreement with the Employees' Union under which one of the issues is with respect to grant of employment to dependent of deceased employee amongst other members. Memorandum of agreement executed between the employer and employees' union has been reviewed and modified from time to time and presently 'National Coal Wage Agreement - IX' (for short 'NCWA') is in operation. A married daughter of deceased employee of appellant company filed a writ petition before the learned Single Judge challenging rejection of her application for grant of dependent employment only on the ground that she being a married daughter of deceased employee is not entitled for appointment under the scheme of dependent employment. Taking into consideration various decisions of Hon'ble Supreme Court on this issue, learned writ Court allowed writ petition by holding Clause No. 9.3.3 of NCWA - VI & Clause No. 9.4.0 (1) of NCWA - IX to be inoperative and discriminatory to the extent of excluding married daughter from consideration for dependent employment and declared the same to be void and inoperative and further directed the appellants to consider application of respective private respondent in accordance with law.