- (1.) The appellant before us, Central Coalfields Limited, has questioned the legality of the decision of the learned First Court directing them to consider and take a fresh decision in respect of the plea of the writ petitioner for compassionate appointment. The writ petitioner is married daughter of a deceased employee of the appellant who died in harness. It is brought to our notice by the learned counsel for the writ petitioner that her client is the only child of the deceased employee. Her plea for compassionate appointment was turned down by the appellant on the ground that she was married and hence was dependent on her husband. This factor, according to the appellant, makes her ineligible for getting the benefit of the provisions relating to compassionate appointment. The learned First Court held: "6. After hearing learned counsel for the respective parties and giving my anxious consideration to the documents on record, I am of the considered view that petitioner has been able to make out a case for interference due to the following facts and reasons: (I) There is no denying of the fact that the mother of the deceased was employee of the C.C.L and she died in harness and the petitioner is the sole legal heir of the deceased employee. After the death of the mother of the petitioner she submitted application for compassionate appointment which has been rejected vide Annexure-4 to the writ application. The only ground taken in the impugned order is that the petitioner is a married woman and as per the NCW agreement there is no scope for consideration of the married woman, therefore, the same has been rejected by the respondents. Similar matters have engaged the attention of this Court, as stated supra and this Court by referring to various decisions has been pleased to hold that the case of married woman to be considered, otherwise it would be violative of Article 16 of the Constitution of India. 7. In view of the aforesaid decision and considering the plight of the petitioner, the impugned order vide Annexure-4 to the writ petition is quashed and set aside and the respondents are directed to consider and take a fresh decision in the light of the observation made hereinabove within a period of eight weeks from the date of receipt of a copy of the order."
(2.) The appellant relies on clause 9.3.0 of the National Coal Wages Agreement-VI which deals with employment of dependents from the death in harness category. This provision stipulates: "9.3.0 Provision of Employment to Dependants. 9.3.1 Employment would be provided to one dependant of workers who are disabled permanently and also those who die while in service. The provision will be implemented as follows. 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 para 9.5.0. 9.3.3 the dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment, 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 dependant of the deceased."
(3.) Learned counsel of the C.C.L submits that from the aforesaid clause, the married daughter is excluded from the categories of relatives who may be granted appointment on compassionate ground.;