DHIRA KUMAR PARIDA Vs. MAHANADI COALFIELDS LTD.

JUDGEMENT

(1.) THE petitioner has filed this petition assailing the order dated 17.8.2002, Annexure -9 passed by opposite party no. 3 refusing to grant compassionate appointment as per Clause - 9.3.2 of National Coal Wage Agreement -VI (hereinafter for short NCWA) on the ground that the deceased Dama Parida, father of the petitioner, was a Badli Loader, and the dependant of Casual/temporary/badli workers are not entitled to avail the benefit under Clause 9.3.2 of NCWA -VI.

(2.) THE brief fact of the case in hand is that petitioner's father Late Dama Parida was initially appointed as a Loader' in the establishment of Deulbera Colliery Organization on 10.01.1965 where he continued for a period of 11 years and was issued with an Identity Card by the Central Coalfields Ltd., Ranchi in Annexure -1 indicating the Employee's Code No., Unit in which he was working, designation and date of issue. But the father of the petitioner discontinued his service for a temporary period as he was seriously ill and unable to discharge his duties. But subsequently he was taken back into service in November, 1985. Being an employee, he was contributing to the Coal Men's Provident Fund(CMPF), having CMPF Account No.A/330430 and he died in harness on 30.01.1992 leaving behind his legal heirs including the present petitioner. Prior to the death of the father of the petitioner, the mother of the petitioner Ujala Parida, who was the nominee under the CMPF/Gratuity of the South Eastern Coalfields Ltd., Deulbera Colliery had also died. The wage structure, conditions of service and other fringe benefits of the employees of the Coal Industries are being governed by NCWA. Clause 9.3.2 of NCWA ­VI provides for grant of employment to one of the dependants of the worker who dies while in service. In view of such provision, the petitioner who was well within the qualifying age of getting service in place of his deceased father, represented on 16.06.2002 for the said benefit. But on consideration of the said representation dated 10.06.2002 the Project Officer, Deulbera Colliery without referring the matter to the General Manager, passed the impugned order in Anneuxre -9 dated 17.08.2002 declining to entertain the said representation stating that his father was a Badli Worker, and is not entitled to the benefit under Clause -9.3.2 of NCWA -VI. Hence this writ petition.

(3.) MR . B.S. Tripathy -1, learned counsel appearing for the petitioner submits that the reason for refusal to grant the benefit under Clasue -9.3.2. of NCWA -VI is an outcome of non -application of mind inasmuch as the deceased employee who was appointed as a Loader' was issued with an Identity Card vide Annexure -1. In order to just deprive the petitioner to get the benefit under Clause -9.3.2 of NCWA -VI a frivolous stand has been taken that the deceased father of the petitioner was working as Badli Loader and as such, the said clause is not applicable for giving compassionate employment to the petitioner. It is further stated that though the General Manager in the competent authority to decide the question, the Project Officer, who is not competent to do so, passed the order. So far as delay and latches are concerned, it is stated that after the death of the deceased - employee his elder son Pramod Kumar Parida (elder brother of the petitioner) had applied for employment in terms of paragraph 10.4.2 on 21.12.1992 in the prescribed application form in which he has described the details of the surviving members of the deceased and in the said application he has also indicated that the father of the petitioner, Late Dama Parida was a Loader' with work place at Pit Top Gr.'B'. Though the application was filed by Pramod Kumar Parida, the elder brother of the petitioner on 21.12.1992, but no action was taken by the opposite parties until the fresh application was filed by the petitioner on 10.06.2002 in Annexure -8. Due to the inaction of the authorities, it cannot be construed that there is delay and latches on the part of the petitioner. It is further stated that the deceased, late Dama Parida was a workman within the meaning of Section 2(s) of the Industrial Disputes Act and even assuming without admitting that he was engaged as Badli Loader, he is also entitled to get benefit under Clause 9.3.2. of NCWA -VI. To substantiate his contention, he has relied upon the judgment rendered by the Division Bench of Madras High Court in P. Joseph and others v. The Management of Gopal Textile Mills, Kovilpatti and another, 1975 LLJ 336. It is emphatically argued by Mr.Tripathy -1 that the deceased, father of the petitioner had never been engaged as Badli Loader' rather he was continuing as a Loader' under the opposite parties and to substantiate the same he has relied upon the No Objection Certificate issued by the Personal Officer, Deulbera Colliery on 29/31.12.1992 under Anexure - 12 and the application for employment vide Annexure -13 where designation of the deceased -employee has been mentioned as Loader'. It is further contended that irrespective of the fact that the deceased employee was working as a Loader or Badli Loader, the petitioner is entitled to get compassionate appointment under Clause - 9.3.2. of NCWA -VI.