REKHA KUMARI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) Counsel for the petitioner submitted that the father of the petitioner died in harness in the year 2002. Petitioner applied for compassionate appointment within the time limit, but the claim of the petitioner has been brushed aside, vide order dated 5th March, 2009 (Annexure-12 to the memo of this petition) de-hors the provisions of Clause 9.5.0 of the National Coal Wage Agreement and the claim of the petitioner has been rejected only for the reason that she is female legal heir of her father and therefore, she can not be given compassionate appointment nor her name can be entered into Live Roster as only the name of male candidates can be entered into Live Roster and therefore, claim of the petitioner has been rejected. It has further been submitted by counsel for the petitioner that as per the decision rendered by the Hon'ble Supreme Court in Mohan Mahto v. Central Coal Field Ltd. & others, 2007 4 JCR 146, name of even a female underage legal heir can be entered into Live Roster and she can be given compassionate appointment if she was minor at the time of death of the deceased employee. In the present case, petitioner's age was below 18 years at the time of death of the employee and therefore, she may be given compassionate appointment when she attains the age of majority and till then, her name may be entered into the Live Roster maintained by the respondents and therefore, impugned order dated 5th March, 2009 be quashed and the matter may be remanded to the respondents for a fresh decision.

(2.) Counsel for the petitioner has also relied upon the decision rendered by this Court in W.P.(S) No. 1048 of 2011 decided on 9th August, 2011.

(3.) I have asked Learned Counsel for the respondents as to whether they have followed the National Coal Wage Agreement and as submitted by counsel for the respondents, under Clause 9.5.0 of the National Coal Wage Agreement, the name of the petitioner can not be entered into the Live Roster because as provided in Clause 9.5.0, only the underage male legal heirs of the deceased employee are entitled to have their name entered into the Live Roster for compassionate appointment.