KARI DEVI Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) "Whether under National Coal Wage Agreement (in short NCWA) a son -in -law of the deceased employee can claim compassionate appointment as a matter of right" is the moot question to be decided in this writ application.

(2.) THE deceased husband of the petitioner, late Sitaram Ram was the permanent employee of the respondent -Bharat Coking Coal Ltd.(in short BCCL). It is stated that on 24.1.2003 while petitioner 'shusband was returning after attending his job, he met with an accident which resulted in his death. After his death the petitioner submitted application for giving compassionate appointment to her son -in -law, Manoj Kumar under Clause 9.4.0 of NCWA.

(3.) LEARNED Counsel appearing for the petitioner drew my attention to Clause 9.4.0 of the NCWA -VI and submitted that under this clause, a son -in -law is entitled to get compassionate appointment. According to the learned Counsel, National Coal Wage Agreement (NCWA) is an award and it has got statutory force.