MANJULA KINDO Vs. CENTRAL COAL FIELDS LIMITED

JUDGEMENT

(1.) In the instant writ petition, the petitioner has sought for issuance of writ in the nature of mandamus directing the respondents to forthwith pay the monetary compensation for three years w.e.f. 10.08.1998 in terms of the provision of Clause 9.5.0.(iii) of National Coal Wages Agreement VI (NCWA for short) with interest @ 12% on the amount of monetary compensation.

(2.) The brief fact, as disclosed in the writ petition, is that the mother of the petitioner, namely, Virjina Kindo, who was posted in the Area Account Office, Kuju as a Peon under the respondent-M/s. CCL, died in harness on 10.08.1998 leaving behind her two minor daughters i.e. one Miss. Roshalia Kindo and another Miss. Manjula Kindo (petitioner in the present case). It has been submitted that the father of the petitioner had predeceased her mother. After death of the mother of petitioner, her elder sister filed an application for employment as per the provisions of NCWA. Since the grievance of the elder sister of petitioner was not acceded to, she filed a writ petition being W.P.(S) No. 405 of 2004 and vide order dated 10.02.2004, this Court has been pleased to direct the respondents to provide employment to elder sister of the petitioner, as is evident from Annexure-2 to the writ petition.

(3.) Being aggrieved by the order of learned single Judge, the respondents preferred appeal being L.P.A. No. 262 of 2004 against the order dated 10.02.2004 passed in W.P.(S) No. 405 of 2004, which was dismissed vide order dated 20.07.2005, as is evident from Annexure-3 to the writ petition. After dismissal of the aforesaid L.P.A., the elder sister of the petitioner got employment vide letter dated 21.06.2006. After the elder sister was given employment, the petitioner requested the respondents vide letters dated 30.08.2006 and 10.07.2008 for payment of monetary compensation, as is evident from Annexures-6 and 7 to the writ petition). Since the respondents have turned deaf ear to the grievance of the petitioner, she has been constrained to knock the door of this Court under Article 226 of the Constitution of India for redressal of her grievances.