DHANMATI DEVI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Claim raised by the petitioners is for compassionate appointment/monetary compensation to petitioner no. 1 or compassionate appointment to the petitioner no. 2.

(2.) Petitioner no. 1 is the wife of the employee-Bodhan Manjhi who died on 18.05.1998.

(3.) Evidently, family of the deceased employee has suffered on account of mistake, if not negligence, on the part of the respondents. The provision for monetary compensation is part of social security measures under Chapter-IX of the National Coal Wage Agreement which has attained statutory force [refer "Mohan Mahto Vs. M/s. Central Coal Field Ltd.Ors." reported in (2007) 8 SCC 549]. NCWA, which is a tripartite settlement, is enforceable under Sec. 18 of the Industrial Dispute Act, 1947. These measures which include compassionate appointment in case of death of an employee are distinct from other service benefits; even provision for compassionate appointment is different from other schemes for compassionate appointment. The petitioner no. 1, who was not provided monetary compensation under Clause 9.5.0, and her family have suffered long 18 years. The respondents, in the above facts must pay statutory interest on the amount of monetary compensation. Accordingly, it is ordered that the monetary compensation payable to the petitioner no. 1 shall be paid with 5% simple interest, within six weeks.