M.Y.EQBAL, J. - (1.) "Whether under National Coal Wage Agreement (in short NCWA) a son -in -law of the deceased employee can claim compassionate appointment as a matter of right" is the moot question to be decided in this writ application.
(2.) THE deceased husband of the petitioner, late Sitaram Ram was the permanent employee of the respondent -Bharat Coking Coal Ltd.(in short BCCL). It is stated that on 24.1.2003 while petitioner 'shusband was returning after attending his job, he met with an accident which resulted in his death. After his death the petitioner submitted application for giving compassionate appointment to her son -in -law, Manoj Kumar under Clause 9.4.0 of NCWA. The respondent -management took a stand that the son -in -law of the petitioner being not a direct dependant and the petitioner being direct dependant is alive, no appointment could be given to the son -in -law of the deceased. The respondents, in their counter affidavit, further stated that the petitioner cannot, as a matter of right, claim compassionate appointment of her son -in - law as he is not a direct dependant. Respondents ' case is that the petitioner -widow, however, can pursue her claim for monetary compensation as per eligibility under the provisions of NCWA.
(3.) LEARNED Counsel appearing for the petitioner drew my attention to Clause 9.4.0 of the NCWA -VI and submitted that under this clause, a son -in -law is entitled to get compassionate appointment. According to the learned Counsel, National Coal Wage Agreement (NCWA) is an award and it has got statutory force.;