KU. SHIMLA Vs. WESTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Since common issues arise in these Writ Petitions, they are being decided together by this common judgment.

(2.) The facts in Writ Petition No. 4074/2018 are that one Satiram Rajbhar was in employment with the Western Coalfields Limited (WCL) as a permanent non-executive employee. He expired in harness on 6/4/2009 leaving behind his widow. On his death, his daughter Vimla and Shimla along with his brother Nandkishor were eligible dependents who could seek employment on compassionate reasons from the WCL. The widow of Satiram however preferred to seek employment for her son Nandkishor. Since at the relevant time Nandkishor was minor, a request was made by the widow to keep his name on the life roster and pay her monthly monetary compensation till he attained the age of majority and was thereafter provided employment under the National Coal Wage Agreement (NCWA). This was accordingly done. On 3/5/2011, Nandkishor attained majority. After submitting all relevant documents, the WCL on 7/8/2012 provided employment to Nandkishor and stopped paying the amount of monthly monetary compensation to the widow. On completion of the period of probation, the appointment of Nandkishor was regularized from 6/2/2013. Nandkishor however died an unnatural death on 5/6/2015. At that time, the daughter of Satiram as well as the widow were residing with him and were dependent on him. In accordance with the provisions of the NCWA, the widow sought grant of compassionate appointment to her daughter vide communication dtd. 22/8/2015. The daughter executed an affidavit stating therein that she would take financial and medical care of her mother. On 5/9/2015, the claim for seeking compassionate appointment was rejected by the WCL on the ground that "sister" was not included in the definition of dependent under the NCWA. A representation was thereafter made on 1/6/2018 to which there was no response. In that backdrop, the widow and daughter of Satiram have filed this Writ Petition raising challenge to the communication dtd. 5/9/2015 refusing to appoint the daughter on compassionate ground. In addition, a declaration is sought that Clause 9.3.3 of Chapter IX of NCWA - IX to the extent it excluded the dependent sister of the deceased from consideration is violative of Articles 14, 15, 16 and 21 of the Constitution of India.

(3.) The facts in Writ Petition No. 2036/2021 are that the petitioner's father Shamrao was working as Miscellaneous Majdoor - category - II with the WCL. He died in harness in the year 2010. Thereafter, the petitioner's brother Yogesh was appointed as General Majdoor - category - I (trainee) on 26/7/2010. He was thereafter made permanent on 26/4/2011. In a road accident, the said Yogesh expired on 17/5/2012. After his death, the petitioner's mother made a representation to the WCL stating therein that the petitioner - her daughter be given employment on compassionate basis. Since the representation made in that regard was not being decided, Writ Petition No. 3980/2018 was filed by the present petitioner. By the judgment dtd. 26/11/2019, the WCL was directed to consider the application in question within a period of eight weeks from the date of the order. Pursuant to the said order, the said representation was considered by the WCL and by the order dtd. 20/1/2020 the same came to be rejected.