LALTI DEVI Vs. BHARAT COKING COAL LTD., THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR, THE DIRECTOR (PERSONNEL), B.C.C.L.AND PROJECT OFFICER, EAST BHAGATDIH COLLIERY

JUDGEMENT

(1.) THE Petitioner's case in brief is as follows: That one Ramjee Harijan, the Petitioner's father, who was employed under the Respondent -B.C.C.L, had died in harness on 22nd September, 1995. The conditions of service of the employees of the B.C.C.L on the date of death of the deceased - employee, was admittedly guided by the terms of N.C.W.A.V. Upon his death, his son -in - law, Ram Dular Prasad, who is the husband of the Petitioner, filed an application on

(2.) ND December, 1995, claiming that he was an indirect dependent of the deceased employee and had requested for gram of compassionate appointment to him in terms of Clause 9.5.2 of the N.C W.A. Agreement. Upon his prayer being rejected by the concerned authorities of the Respondents, he filed a Writ Application before this Court vide W.P. (S) No. 121 of 2002. The Writ application was dismissed and against the Order of dismissal, he preferred a L.P.A. vide L.P.A. No. 82 of 2002, before this Court. While disposing of the L.P.A. on 8th February, 2002, this Court had directed the Respondent No. 2 to consider the prayer of the applicant in accordance with law. Pursuant to the observations contained in the Order passed in the L.P.A., a fresh representation was filed by Ram Dular Prasad, praying for grant of appointment on compassionate grounds and alternatively, to pay monetary compensation to his mother - in -law, namely, Smt. Dulari Devi the mother of the present Petitioner, @ Rs. 3,000/ - per month as per terms under Clause 9.5.0 of the N.C.W.A. VI with effect from 2nd May, 1995, i.e. the date of the death of the deceased -employee. The concerned authorities of the Respondents upon considering the representation, while rejecting the Petitioner's claim for employment, conceded to grant compensation to the widow of the deceased employee @ Rs. 2,000/ - per month from the effective date i.e. from the late of death of the deceased - employee. The arrears of such payment, calculated @ Rs. 2,000/ - per month, was promptly released and paid by the Respondents in favour of Smt. Dulari Devi, widow of the deceased -employee. After some time, the widow of the deceased -employee had died. Not being satisfied with the amount of compensation @ Rs. 2,000/ - per month, the Petitioner being the daughter of the deceased -employee claimed that the amount of compensation, payable as per the. N.C.W.A. VI is @ Rs. 3,000/ - per month, since such amount has been made applicable with effect from the date of enforcement of N.C.W.A. VI from 1st July, 1996. Upon refusal of the Respondents to concede to her demand, the Petitioner has filed the instant Writ Application praying for a direction to the Respondents to pay the arrears of compensation @ Rs. 3,000/ - per month. 2 The Respondents by their counter affidavit have denied the demand of the Petitioner. The stand taken by the Respondents is that the amount of compensation as payable to the dependant - widow of the deceased -employee has to be assessed on the basis of N.C.W.A. V, which was applicable on the dale of death of the deceased -employee i.e. on 2nd September, 1995. The subsequent enhancement in the amount under the new N.C.W.A. VI is not applicable to the Petitioner's case, since it came into effect from 1st July, 1996.

(3.) MR . Shailesh Kumar, learned Counsel for the Petitioner would advance the following grounds: (i) The Respondents were liable to pay compensation to the widow of the deceased - employee immediately upon the death of the employee, as per the terms of N.C.WA. Agreement. Referring to Sub -clause (iii) of Clause 9.5.0 of the Agreement, learned Counsel for the Petitioner would explain that as per the terms contained in Clause (iii) of the Agreement where the female dependant of the deceased -employee is below the age of 45 years, she will have the option either to accept the monetary compensation or employment. If employment is not granted, then it is incumbent upon the Respondents - employer to pay the monetary compensation. It is further argued that though demand was made initially within the stipulated period of limitation, for compassionate appointment to the son -in -law of the deceased -employee but, an alternative prayer was also made to pay the monetary compensation to the widow of the deceased -employee. The Respondents though refused to grant employment but, had not taken any initiative to pay compensation as stipulated in the terms of Agreement as it then was. The final decision of the Respondents, as per the impugned Order, was taken only alter the dependant of the deceased - employee had knocked the door of this Court and had obtained an Order directing the Respondents to consider the representation of the Petitioner by taking an appropriate decision. Learned Counsel adds further that by the time, the decision was taken by the Respondents to pay compensation, the new N.C.W.A. Agreement VI, came into effect from 1st July, 1996 and under Sub -clause (ii) of Clause 9.5.0 of the N.C.W.A. Agreement, the amount of compensation payable, has been fixed at Rs. 3,000/ - per month and therefore, even though in the earlier N.C.W.A. Agreement, the amount was Rs. 2,000/ - per month but, it is the enhanced amount as envisaged in the new Agreement, which the Respondents are liable to pay by way of monetary compensation.