S. N. Pathak, J. - (1.) - Heard the parties. Ms. Amrita Sinha, Advocate appears on behalf of the petitioner and Mr. A.K. Das, Advocate appears on behalf of the C.C.L.
(2.) Learned Counsel for the petitioner makes a prayer for appointment on compassionate ground in view of the N.C.W.A. She submits that the petitioner is entitled for either compassionate appointment or monetary benefits at this stage. She fairly submits that monetary benefits for which she is entitled for should be immediately paid to her from the date of making representation regarding compassionate appointment.
(3.) The brief facts of the case is that the husband of the petitioner was a permanent employee of Central Coalfields Limited working under the Mazdoor-Cat. II Kathara Colliery of Central Coalfiels Limited. The husband of the petitioner had undergone kidney transplantation during his service period. He died in harness on 25.02.1997. During his life time, husband of the petitioner filled up all required statutory forms including the nomination regarding payment of gratuity whereby he nominated the petitioner (his wife) to be the nominee interalia of payment of gratuity. Immediately after the death of her husband the petitioner applied before the Central Coalfields Limited for consideration of her employment under clause 9.3.2 of National Coal Wage Agreement-V, 1996 (hereinafter referred to as NCWA) as continued from time to time. The relevant paragraphs of NCWA is quoted herein below:- 9.3.2 Employment to one dependant of the worker who dies while in service. In so far as female dependants are concerned, their employment/payment of monetary compensation would be governed by para 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 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 dependant 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 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 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 dependant is on live roster, the female dependant will be paid monetary compensation as per rates at paras (I) & (ii) above. iv. Monetary compensation, wherever applicable, would be paid till the female dependant 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. vi. The rate of monetary compensation will be reviewed as and when new wage agreements are finalised. ;