- (1.) Heard learned counsel for the parties on merit.
(2.) ONE Dehati Mallah who was holding the post of Ex -General Mazdoor in Tetulmari Colliery, died while he was in service. His son, the husband of the appellant. Pran Mallah died before the death of said Dehati Mallah. Therefore at the time of death of Dehati Mallah the present appellant -writ petitioner was the only family member and she claimed compassionate appointment by submitting one writ petition before this Court being W.P. (S) No. 2665 of 2002 but that writ petition was dismissed and it was observed that the writ petitioner cannot get compassionate appointment but her case for monetary compensation is required to be considered in the light of National Coal Wages Agreement -V. In the light of the direction of this Court the writ petitioner's case was considered and was rejected vide order dated 26.10.2006 merely on the ground that the claimant -petitioner is not the wife of the deceased -employee and after 15 years of the death of the employee such monetary compensation cannot be allowed. The learned Single Judge. in the impugned order observed that the petitioner failed to show any provision under which the widowed daughter -in -law can get the monetary compensation.
(3.) LEARNED counsel for the appellant drew our attention to Clause 9.3.2. 9.3.3 and 9.3.4 of the National Coal Wage Agreement -V which are quoted as under: 9.3.2 Employment to one dependent of worker who dies while in service. In so far as female dependents are concerned their employment/payment of monetary compensation would be governed by para 9.5.0. 9.3.3 The dependent for this purpose means the wife/husband as the case may be unmarried daughter son and legally adopted son. If no such direct dependent is available Nor employment. younger 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 dependents of the deceased. 9.3.4 The dependents 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 Clause 9.5.0 of the National Coal Wage Agreement -V is as under: 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: (1) In case of death due to mine accident the female dependent would have the option to either accept the monetary compensation of Rs. 3000/ - per month or employment irrespective of her age. (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. 2000/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 15 years and above in age he will be kept on a live roster and would be provided employment commensurate with the 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. (iv) Monetary compensation wherever applicable would be paid till the female dependent attains the age of 60 years. (v) The rate of monetary compensation which stands at Rs. 2000/and Rs. 3000/ - per month as mentioned above would be reviewed w.e.f. 01.07.1996. (iv) The rate of monetary compensation will be reviewed as and when new wage agreements are finalised. Note: In the case of TISCO the matter would be settled at bipartite level. This would supersede all past agreements circulars and instructions issued on the subject in so far as the issues are covered by the provisions hereinabove.;