- (1.) The instant intra-court appeal is directed against the order/judgment delivered on 11.08.2017 by the learned Single Judge of this Court in W.P.(S) No.3514 of 2008, whereby and whereunder, the order dated 21.08.2003 passed by the respondent authority has been quashed and set aside by which the application for employment on compassionate ground was rejected on the ground of limitation.
(2.) The brief facts of the case required to be enumerated which is proper for the lis reads as hereunder:- The husband of the petitioner, who was working as Truck Khalasi under respondent no.3, died in harness on 29.01.2001, which was duly informed to the respondents on 03.02.2001. Pursuant thereto, respondent-appellant no.4 directed all the concerned sections to remove the name of the writ petitioner's husband from the register/record. Thereafter, the petitioner made a representation on 14.12.2002 before the respondent no.5 stating that since she is not physically well for employment, her son may be appointed when he attains majority, which was rejected vide letter dated 02.06.2003 on the ground of limitation. Aggrieved thereby, the writ petitioner again represented before the respondent no.4, but, it was informed by the respondents-authorities that no action could be taken on her appeal for reconsideration of her case, which has resulted in the writ petitioner's approaching learned Single Bench of this Court invoking Article 226 of the Constitution of India. The case of the writ petitioner before the writ Court was that, the terms and the conditions stipulated under Clause 9.5.0 (iii) of the National Coal Wage Agreement-VI, (hereinafter referred to as "N.C.W.A.-VI), being a bipartite settlement and binding upon both the parties, it would be obligatory on the part of the respondents to extend the benefit as provided under the agreement. It has been agitated before the Writ Court that there is no stipulation of any time limit for submission of application in the N.C.W.A. but the respondents without considering the object and purport of the clause meant for providing social security to the employees, rejected the application solely on the ground that the same has been filed nearly after two years of death of the deceased employee whereas the time limit to apply for employment /payment of monetary compensation is one year from the date of death. The stand inter-alia was taken by the respondent-appellants before the writ Court was that the writ petitioner had submitted application for allowing monetary compensation to her and to provide compassionate appointment to her son on attaining the age of 18 years after expiry of more than one year and 10 months from the date of death of the deceased employee, but the limitation for submitting application for compassionate appointment has been fixed for six months only. It has further been agitated that limitation was further extended w.e.f. 27.11.2002 up to one and half years, which was later on reverted to one year vide circular dated 19.03.2005, but, even then also the case of the writ petitioner is not coming under the fold of the said circular and therefore, the decision has been taken by the authority to reject the claim and hence, having no infirmity there, the writ Court ought not have interfered with the same.
(3.) Having heard the rival submissions, this Court is of the opinion that following issues are required to be answered in this case. (i) "as to whether in the matter of live roster, the N.C.W.A. does provide any condition to make an application within certain time on behalf of the dependents of the deceased who is minor at the time of death"? (ii) In case the male dependent of the deceased employee was aged 12 years or more but below 18 years and an application for getting employment was filed after his attaining the age of 18 years, from which date the period of limitation would commence, i.e., from the date of death of the employee or the date on which the male dependent attained the age of 18 years? In order to answer the issue, the relevant condition of the National Coal Wage Agreement, Clause 9.5.0 is required to be referred which reads as hereunder:- "9.5.0 Employment/Monetary compensation to female dependent Provision of employment/monetary compensation to female dependents 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 dependent 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 dependent 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 dependent 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 dependent 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 dependent is on live roster, the female dependent will be paid monetary compensation as per rates at paras (I) & (ii) above. This will be effective form 1.1.2000." (iv) Monetary compensation wherever applicable, would be paid till the female dependent 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." ;