KAUSHALYA BIA Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) Heard the parties.

(2.) The grievance of the petitioner is that the respondent Central Coalfields Limited is forcing and compelling her by issue of Annexure-6. i.e. the order dated 20/01/2007 and letter dated 09/02/2007, to opt for monetary compensation even though after medical examination her age was found to be 37 years by the Apex Medical Board and as per Para-9.5.0 (ii) of the National Coal Wage Agreement VII, if a female dependant is below the age of 45 years, she has the right either to opt for employment or to get monetary compensation in lieu of employment after the death of the employee.

(3.) According to the respondents, as per Para- 9.5.0. (ii) of the NCWA VII, the respondents Corporation cannot force her to opt for monetary compensation.