AHMED HUSSAIN Vs. COAL INDIA LTD

JUDGEMENT

(1.) One, Bakrid Mia was a worker in Dhemomain colliery under Eastern Coalfields Ltd. He had cancer and was declared medically unfit by the Area Medical Board on 12th March, 1991. His services were terminated on 9th April, 1991. Bakrid had nominated his son, Samsul Mia, for employment but he predeceased Bakrid. He died on 22nd January 1992. Bakrid died on 14th December, 1996. Bakrid's widow is Sakina Bibi. She made her claim for employment but was not considered as she had crossed the age of forty-five years at the time of her husband's termination of service. Under the applicable terms of employment, a female dependant heir could only get appointment on compassionate grounds upto the age of forty-five years. Now, Bakrid had another son, Ahmed Hussain, who is the writ petitioner before me. After all these relatives were disqualified, he made his claim for employment on 7th March, 1994. He went before the Medical Board. It reckoned that on 11th October, 1996, his age was nineteen years which meant that on the day his father was declared unfit, he was only thirteen years five months and one day old. Hence, he was a minor and could not be considered for applying. There is no dispute that the National Coal Wage Agreement-IV applies to this case. More particularly clause 9.4.3 applies.

(2.) Mr. Banerjee, learned Advocate for the respondents, argued that at the time when the father of the writ petitioner was declared medically unfit or when he was discharged from service, he was a minor. Any kind of government employment, particularly one related to a coal mine demanded that the employee should be at least eighteen years of age. In this case, on the day the father was declared medically unfit, the writ petitioner was thirteen years five months and one day old. Therefore, he was much below eighteen years of age at the date of termination of the service of his father.

(3.) According to the National Coal Wage Agreement, the dependant had to be eighteen or above years of age. Therefore, the decision of the General Manager, Sodepur, dated 14th January, 2011 in attempted compliance of the order dated 21st April, 2010 passed by this Court was correct.