Dukhni Devi vs Bharat Coking Coal Limited and Others

D.G.R. Patnaik, J.—Heard counsel for the parties and with their consent, this application is disposed of at the stage of Admission.

The petitioner in this wilt application has prayed for a direction upon the respondents to make appointment of her son-in-law on compassionate ground, on the basis of the service of her deceased husband, who had died in harness while under the employment of the Respondent-B.C.C.L.

From the undisputed facts as stated, it appears that upon the death of the deceased employee, the petitioner being the widow, had submitted her application for grant of compassionate appointment to her. Considering the fact that she was 39 years of age and has crossed the maximum age limit, the Respondents had refused to grant her compassionate appointment and had offered her alternatively, monetary compensation as envisaged under the relevant Clause 9.5.0 of the NCWA Agreement. The petitioner, however, refused to accept the monetary compensation and had insisted upon1 compassionate appointment for her son-in-law.

The prayer for compassionate appointment of her son-in-law was refused by the Respondents on the ground that on the date of death of the deceased employee, his son was already employed under the Respondent-B.C.C.L. and as such, the family did not suffer any pecuniary hardship on account of the sudden demise of the deceased employee. The other ground on which the prayer was rejected is that the son-in-law cannot claim himself to be a dependent of the deceased employee as because in the service records of the deceased employee, the name of the son-in-law does not transpire as his dependent.

Counsel for the Respondents explains that had the petitioner applied for appointment of her unmarried dependent daughter, the respondents may have considered her claim, but in absence of any provision for grant of compassionate appointment to her son-in-law, who was not dependent upon the deceased employee, the petitioner''s prayer for grant of appointment to her son-in-law cannot be accepted.

The stand taken by the respondent appears to be in consonance with the rules as envisaged in the NCWA Agreement, which binds the employer and the employee as far as their rights and liabilities are concerned.

Counsel for the petitioner points out by reading out the provisions of Clause 9.3.3 of the NCWA Agreement that the rules provide for appointment of dependent son-in-law in absence of any other dependent member of the family and submits that the petitioner had submitted a certificate issued by the Mukihya of the village, certifying therein that the son-in-law is dependent upon, the present petitioner.

This submission of the learned Counsel is not acceptable. The Clause of the NCWA Agreement, as referred lo by the learned Counsel, stipulates that in absence of a dependent son and a dependent unmarried daughter or the wife, the claim for compassionate appointment to the dependent son-in-law may be considered. In the present case, as per the service records of the deceased employee, the son-in-law has not been deceased as dependent of the deceased employee. Under such circumstances, the son-in-law cannot possibly claim any right for grant of compassionate appointment nor such claim be advanced by his mother-in-law, namely, the present petitioner. There being no merits in this writ application, the same is hereby dismissed. However, the petitioner shall be at liberty to accept the offer for monetary compensation as given by the Respondents.