LAWS(JHAR)-2016-6-37

SOHWA DEVI Vs. CENTRAL COALFIELD LTD

Decided On June 13, 2016
Sohwa Devi Appellant
V/S
CENTRAL COALFIELD LTD Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) In this writ petition, the petitioner has prayed for payment of monetary compensation with statutory interest from the period 14.8.1997 to 6.6.2011 on the ground that her husband became medically unfit and his son was given employment only on 7.6.2011 in terms of Clause 9.4.0 of the National Coal Wage Agreement (For short NCWA). The petitioner claims that from the date where her husband was declared to be medically unfit till her son was given employment, she is entitled to get monetary compensation in terms of NCWA.

(3.) The husband of the petitioner namely, Etwa Mahto @ Baldeo Mahto was an employee of Central Coalfields Limited as a mason in Category -IV at Aara Colliery. He was appointed on 8.6.1973. The husband of the petitioner sustained injuries as a result of which, his left hand was amputated. The husband of the petitioner was declared unfit and ultimately he was terminated by letter dated 13.8.1997 by the competent authority. The son of the petitioner applied for appointment in terms of Clause 9.4.0 of NCWA and thereafter considering the case of her son, he was appointed.