M.Y.EQBAL,J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner has prayed for issuance of a writ directing the respondents to provide employment to the petitioner in terms of the provisions of Clause 9 -5 -0 of the National Coal Wage Agreement -V and also to quash and order dated 2.9.99 and 25.1.2000 whereby the authorities of the respondents declined to grant employment to the petitioner. The petitioners father. Koka Mahto was employed at Dakra Colliery, who died while in service on 3.10.95 leaving behind his widow, the petitioner as his only son and three daughters. The petitioner filed an application on 13.11.96 seeking employment on compassionate ground under the aforesaid clause of NCW Agreement. Instead of giving employment to the petitioner the widow was given some monetary compensation as the petitioner at that time was minor. After attaining the majority the petitioner again made an application on 25.10.98. The said application was rejected by the respondents on the ground that the widow of the deceased was given monetary compensation at the rate of Rs. 2000/ - per month, which was time to time increased.
(3.) LEARNED Counsel for the petitioner, mainly relied upon Clause 9.4.0(iii) to the Agreement while the learned Counsel for the CCL relied upon Clause 9.4.0(ii) of the said agreement. For better appreciation, the two clauses are reproduced hereinbelow : "(ii) In case of death/total permanent disablement due to causes 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. 2,000/ -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 make dependent of the concerned worker is 15 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) and (ii) above.;