KUMARI SHANTI MUDI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THE writ petitioner is the daughter of an erstwhile employee of Eastern Coalfields limited, Naran Mudi, who passed away while in service of the organization on 27th September, 1998. Father of the petitioner was engaged on 1st January, 1969, in Bhamuria unit of Parbelia colliery, at present under the Eastern Coalfields limited, (the company). Said Naran Mudi was survived by his widow and daughter, the latter being the petitioner. At the time of death of father of the petitioner, the National Coal Wage Agreement -VI (NCWA -VI) was in operation. The said agreement provides for appointment of close relatives of an employee who dies while his service, under certain conditions. The said provision is contained, inter alia, in clause 5.9.0 of NCWA -VI, which stipulates: -

(2.) SO far as the present case is concerned, originally mother of the petitioner had made an application for employment from the aforesaid category. She was sent for medical examination and her age was found to be between 47 and 52 years. Thus she was outside the ambit of the age -band specified in the NCWA -VI for being considered for employment from the said special category. The mother of the petitioner was informed of the said fact on or about 30th January, 2003. Thereafter, the petitioner made the application for being appointed on compassionate ground, in terms of the said provision of NCWA -VI. Case of the petitioner is that on 24th September, 2003, the Deputy Chief Personnel Manager of Sodepur area had sent a letter to the mother of the petitioner informing her that she was not eligible for being provided employment on the ground of being overage. In the same letter, it has been pleaded, that the mother of the petitioner was advised that if she had any other dependent such dependent could approach for employment on compassionate ground. It appears that the petitioner had submitted her application thereafter on 18th December, 2003. There was medical fitness test of the petitioner and on being declared medically fit, her name was recommended for employment by the Personnel Manager, Perbalia Group. This has been disclosed in annexure 'P4' of the writ petition, in which the recommendation for her employment appears to have been endorsed by the General Manager of the area. Thereafter, the Deputy Chief Personnel Manager of the company had sent the employment file of the petitioner for approval of the employment authority. This appears from the copy of his communication bearing reference no. Pd/c -6/04/empl/2041 dated 30th November/1st December, 2004, addressed to the Personnel Manager (EMPL) (WD), a copy of which has been made Annexure "P5" to the writ petition. There is reference, in this communication, to para 9.3.2 of the NCWA VI. This clause mainly provides for employment and payment of monetary compensation in terms of clause 9.5.0, so far as female dependents of an employee who dies while in service are concerned.

(3.) AS has been referred to in the said provision of the NCWA VI, a male dependent of a deceased workman is required to be kept on the live roster, if he is above 12 years in age, in case where a female dependant is not offered employment. Such male dependant is to be given employment on attaining the age of 18 years. But there is no such provision for a female dependent being kept on live register. In MAT No. 1298 of 2009 (Smt. Santi Rui Das Vs. Coal India Ltd. & Ors.) decided on 25th February, 2010, an Hon'ble Division Bench of this Court examined a similar provision contained in NCWA -V, on the complaint of a female dependent, whose claim for employment was rejected on the ground of being underage. In that case, age of the dependant female employee was 17 years, 11 months and 17 days on the date of death of her father. The Hon'ble Division Bench found the provision in the coal wage agreement under which a male dependent could be kept on the live roster from the age of 15 (in NCWA V) but a female dependent would lose her opportunity of employment unless she was 18 years of age on the date of death of the concerned workman to be discriminatory. The Hon'ble Division Bench held: -