DUKHNI DEVI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has approached this Court on rejection of her claim for monetary compensation on 10.9.2010 passed by the respondent-General Manager, BCCL, Gobindpur, Dhanbad. She has also sought for a direction upon the respondents to pay monetary compensation due to her from the date of death of her husband i.e. on 21.1.1997 till the date she attained the age of 60 years in the year 2008. The claim of the petitioner for monetary compensation has been rejected on the grounds that her option was submitted in the year 2010 and she has already attained 60 years of age in the year 2008 itself. Therefore, she would not be entitled for pay-merit of monetary compensation according to the provision of the National Coal Wages Agreement.

(2.) There is a little background to the whole controversy, which is narrated hereinbelow for better appreciation of the facts of the case.

(3.) On the death of her husband on 21.1.1997, the petitioner herself made a claim for compassionate appointment. The respondent vide Annexure-2, dated 6.6.1997, had, however intimated that she was already 49 years of age and she would be entitled to seek monetary compensation in terms of the NCWA for which she was required to submit her option. The petitioner, however, chose to pursue the case of compassionate appointment of her son-in-law, which was not being considered. Therefore, she moved this Court in W.P. (S) No. 5430 of 2004. In the said writ petition through I.A. No. 2184 of 2004 (Annexure-3), she had also made an alternative prayer to be considered in the following terms:--