KAJOLI BOURI Vs. COAL INDIA LTD

JUDGEMENT

(1.) The short question which arises in this matter appears to have been covered in a previous Division Bench judgment in G.A. No. 3117 of 2007, A.P.O.T. No. 518 of 2007 (Smt. Chhaya Singh Sardar v. Coal India Limited) which has been relied on in a recent Division Bench order of March 8, 2013 in A.P.O.T. No. 88 of 2013, W.P. No. 597 of 2012 (Eastern Coalfields Limited v. Bipini Marandi and Others). However, since the earlier Division Bench judgment is not immediately available and the recent Division Bench order, understandably, does not deal with the aspect in any great detail, it is necessary to revisit the issue, particularly, in the light a Single Bench order of August 21, 2013 in W.P. No. 196 of 2013 (Smt. Bimli Majhian v. Coal India Limited). The petitioner's husband died while in employment with the Eastern Coalfields Limited in the year 1995. The petitioner applied immediately or shortly thereafter for being appointed on compassionate grounds. The petitioner's application was either not considered or it has been rejected. The petitioner now invokes Clause 9.5.0 of the National Coal Wage Agreement VI that would govern the petitioner's claim. It is necessary that the provision applicable to the petitioner's case be seen in its entirety:

(2.) The provision makes the female dependant of a deceased workman or a workman who has suffered permanent disablement due to causes other than a mining accident entitled to certain benefits. In the event the female dependant is below the age of 45 years, she would have the option to either accept a monthly compensation of Rs. 3000/- or employment. In the event the female dependant is above 45 years of age she would be entitled only to the monthly compensation and not to employment. The issue is as to the time when the right accrues for receipt of the compensation in terms of Clause 9.5.0 (ii) of the said agreement.

(3.) It is evident from the provision that there is a financial security which is afforded to the female dependant of a deceased workman and the right crystallizes instantaneously upon the death of the workman. The immediacy has per force to be inferred upon recognising the provision to ensure that the female dependant of the deceased workman or the bereaved family is not washed away by the calamitous loss of the bread-earner. In the event the female dependant opts for employment and it is possible to offer employment, the employment has to be given within reasonable time of the application being made. If the female dependant entitled to apply for an appointment does not apply for the employment within reasonable time after the death of the workman, she would be deemed to have exercised the option to receive compensation which would be payable from the date of death or the month following the date of death of the workman. The right that inheres in the female dependant of the deceased workman gives rise to a corresponding obligation or duty on the part of the coal company to offer and reach the monthly compensation to the female dependant. The right to the compensation is unconditionally immediate and is not dependant on any application for the purpose. Indeed, given the rationale behind the provision, it is the duty of the concerned coal company to both advise the dependant female member of a deceased workman of her rights and guide her to the appropriate option. A government company as an employer cannot be heard to say that a distressed family would be deprived of the benefit by reason of any belated application therefore. The appointment sought on compassionate grounds may be declined on account of delay or other cogent grounds; but the monthly compensation has to be paid with effect from the date of death of the workman or the month following the death.