SUKRI DEVI Vs. CENTRAL COALFIELDS LIMITED AND ORS

JUDGEMENT

(1.) This writ petition was filed on 22.09.2015 and when it was taken up for hearing on 28.09.2015, at the instance of the respondentCCL for filing counteraffidavit it was adjourned by four weeks. The learned counsel for the respondentCCL filed Vakalatnama on 04.11.2015, however, counteraffidavit on behalf of the respondentCCL was not filed. Awaiting counteraffidavit, it appears, the writ petition was not posted for hearing before the Court thereafter. On 13.09.2017, when the matter was listed, it was adjourned for 06.10.2017 for filing supplementaryaffidavit by the petitioner. On the next date of hearing, at the instance of the respondentCCL for filing a counteraffidavit, the matter was adjourned for today.

(2.) Mr. M.B. Lal, the learned counsel for the respondentCCL states that he has written letter dated 09.10.2017 to Head of Department (Legal), however, he has received instruction only today. The learned counsel is seeking adjournment for filing a counteraffidavit in the matter.

(3.) Claim in the writ petition is for payment of monetary compensation under clause 9.5.0 of the National Coal Wages Agreement. Under the said provision, a female dependent of an employee is entitled for monetary compensation, if she is not found eligible for appointment on compassionate ground, till she attains the age of 60 years. The petitioner has asserted that she has attained the age of 51 years. There is no statutory rule framed by the respondentCCL providing limitation for submission of application for monetary compensation. In my opinion, on the death of the employee when the name of employee is removed from the roll of the company, it is a bounded duty of the employer to inform the dependents of the deceased employee of their rights under the National Coal Wages Agreement and/or any other circular/notification issued by the coal company.