TILASARI DEVI DUSAD Vs. COAL INDIA LTD

JUDGEMENT

(1.) The petitioner is the widow of an erstwhile employee of Eastern Coalfields Limited (the company). THE husband of the petitioner died natural death while in service of the company on 5th March, 1994. THE petitioner has been given certain sum of money as compensation on the death of her husband, but her claim is that such sum is inadequate.

(2.) The common practice for different public sector and some private sector coal companies, so far as defining the benefits relating to service of their employees is concerned, is to enter into agreement with different Trade Unions operating in the coal mine sector, and these agreements are known as ''National Coal Wage Agreements" (NCWA). Usually, these agreements last for a period of about five years. When the husband of the petitioner died, it was NCWA-V which was in operation. NCWA-V postulates compensation of Rs. 2,000/- per month to the widow of a coal mine worker if such worker dies a natural death while in service. A higher sum is stipulated as compensation if such workman dies in a mine accident, but that is not relevant for the purpose of adjudication of the present writ petition.

(3.) Mr.Basu Chowdhury, learned Counsel appearing for the respondents, on the other hand,contends that the writ petitioner shall be entitled to the enhanced sum only from 1st January, 2000 in view of the special provision contained in sub-clause (iii) of the said clause.