- (1.) We have heard both sides. Certain clauses of the National Coal Wage Agreement- VI are relevant for the purpose. These are 9.3.3, 9.3.4 and 9.5.0. All these provisions are quoted below for ready reference. 9.3.3: the dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased may be considered to be the dependants of the deceased. 9.3.4: the dependants to be considered for employment should be physically fit and suitable for employment and aged not more than 35 years provided that the age limit in case of employment of female spouse would be 45 years as given in Clause 9.5.0. In so far as male spouse is concerned, there would be no age limit regarding provision of employment. 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 her age. (ii) In case of death/total permanent disablement due to cause other than mine accident and medical unfitness under Clause 9.4.0., 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 and finalised. Note. In the case of TISCO, the matter would be settled at bipartite level.
(2.) A combined reading of all these provisions would indicate that the enhanced upper age limit of 45 years is for the female spouse and not for unmarried daughter. Apart from the words quoted above, particularly the words of Clause 9.3.4, there is a practical aspect that compassionate appointment can be obtained only if the deceased dies in harness, which means the deceased has not superannuated and is less than 60 years.
(3.) If a daughter is permitted to claim compassionate appointment at the age of 45 years, it would mean that the daughter was born when the deceased employee was only of 15 years of age. We are therefore, not able to accept the argument of the learned Counsel for the petitioner/appellant that an unmarried daughter would be entitled to compassionate appointment up to the enhanced age limit of 45 years instead of the normal age limit of 35 years.;