PUTUL DEVI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) Heard learned counsel for the parties on merit.

(2.) ONE Dehati Mallah who was holding the post of Ex -General Mazdoor in Tetulmari Colliery, died while he was in service. His son, the husband of the appellant. Pran Mallah died before the death of said Dehati Mallah. Therefore at the time of death of Dehati Mallah the present appellant -writ petitioner was the only family member and she claimed compassionate appointment by submitting one writ petition before this Court being W.P. (S) No. 2665 of 2002 but that writ petition was dismissed and it was observed that the writ petitioner cannot get compassionate appointment but her case for monetary compensation is required to be considered in the light of National Coal Wages Agreement -V. In the light of the direction of this Court the writ petitioner's case was considered and was rejected vide order dated 26.10.2006 merely on the ground that the claimant -petitioner is not the wife of the deceased -employee and after 15 years of the death of the employee such monetary compensation cannot be allowed.

(3.) LEARNED counsel for the appellant drew our attention to Clause 9.3.2. 9.3.3 and 9.3.4 of the National Coal Wage Agreement -V which are quoted as under: 9.3.2 Employment to one dependent of worker who dies while in service.