- (1.) The petitioner is the widow of an erstwhile employee of Eastern Coalfields Limited (the company). THE husband of the petitioner died natural death while in service of the company on 5th March, 1994. THE petitioner has been given certain sum of money as compensation on the death of her husband, but her claim is that such sum is inadequate.
(2.) The common practice for different public sector and some private sector coal companies, so far as defining the benefits relating to service of their employees is concerned, is to enter into agreement with different Trade Unions operating in the coal mine sector, and these agreements are known as ''National Coal Wage Agreements" (NCWA). Usually, these agreements last for a period of about five years. When the husband of the petitioner died, it was NCWA-V which was in operation. NCWA-V postulates compensation of Rs. 2,000/- per month to the widow of a coal mine worker if such worker dies a natural death while in service. A higher sum is stipulated as compensation if such workman dies in a mine accident, but that is not relevant for the purpose of adjudication of the present writ petition. Ncwa-V lapsed on 30th June, 1996. So far as entitlement of the petitioner of Rs. 2,000/- per month under. Ncwa-V is concerned, there is no dispute in that regard in the present proceeding. The dispute in this writ petition is over entitlement of the petitioner in Ncwa-VI. Ncwa-VI was signed on 23rd December, 2000, but the effective date of such agreement having become operational was 1st July, 1996. Compensation to the widows similar to that of the petitioner was enhanced by Rs. 1,000/- in Ncwa-VI. Thus, the petitioner became entitled to receive Rs. 3,000/- under the Ncwa-VI. The question, however, arises as to what would be the date, from which the petitioner would be entitled to receive the enhanced amount. The provision,relating to compensation in Ncwa-VI is contained in clause- 9.5.0. of this agreement. This clause provides: "9.5.0.-Employment/monetary compensation to female dependant-Provision of employment/monetary compensation to female dependants of workmen who die while in service and who are. declared medically unfit as per clause 9.4.0. above would be regulated as under : i) In case of death due to mine accident, the female dependant would have the option to either accept the monetary compensation of Rs. 4,000/- per month or employment irrespective of he age. ii) In case of death/total permanent disablement due to causes other than mine accident and medical unfitness under clause 9.4.O., if the female dependant is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 3,000/- per month or employment. In case the female dependant is above 45 years of age she will be entitled only to monetary compensation and not to employment. iii) "In case of death either in mine accident or for other reasons or medical unfitness under clause 9.4.0., if no employment has been offered and the male dependant of the concerned worker is 12 years and above in age, he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependant is on live roster, the female dependant will be paid monetary compensation as per rates at paras (i) and (ii) above. This will be effective from 1.1.2000. iv) Monetary compensation. wherever applicable ,would be paid till the female dependant attains the age of 60 years. v) The existing rate of monetary compensation will Continue. The matter will be further discussed in the Standardisation Committee & finalised. Note : In the case of TISCO, the matter would be settled at bipartite level." Submission of Mr. Ghose, learned Counsel appearing for the petitioner, is that the petitioner would be entitled to compensation at the enhanced rate of Rs.3,000/- per month with effect from 1st July, 1996 being the date on which this agreement became operational.
(3.) Mr.Basu Chowdhury, learned Counsel appearing for the respondents, on the other hand,contends that the writ petitioner shall be entitled to the enhanced sum only from 1st January, 2000 in view of the special provision contained in sub-clause (iii) of the said clause. His case is that the said agreement envisages two classes of female dependants of a deceased workman, being the female dependant of a workman who dies in a mining accident and the female dependant of a workman in service who dies a natural death.;