DURGA KUMARI Vs. CENTRAL COALFIELDS LIMITED, RANCHI

JUDGEMENT

(1.) We have heard both sides. Certain clauses of the National Coal Wage Agreement- VI are relevant for the purpose. These are 9.3.3, 9.3.4 and 9.5.0.

(2.) A combined reading of all these provisions would indicate that the enhanced upper age limit of 45 years is for the female spouse and not for unmarried daughter. Apart from the words quoted above, particularly the words of Clause 9.3.4, there is a practical aspect that compassionate appointment can be obtained only if the deceased dies in harness, which means the deceased has not superannuated and is less than 60 years.

(3.) If a daughter is permitted to claim compassionate appointment at the age of 45 years, it would mean that the daughter was born when the deceased employee was only of 15 years of age. We are therefore, not able to accept the argument of the learned Counsel for the petitioner/appellant that an unmarried daughter would be entitled to compassionate appointment up to the enhanced age limit of 45 years instead of the normal age limit of 35 years.