Kaushalya Bia vs Central Coalfields Limited and Others

Amareshwar Sahay, J.—Heard the parties.

The grievance of the petitioner is that the respondent Central Coalfields Limited is forcing and compelling her by issue of Annexure-6. i.e. the order dated 20/01/2007 and letter dated 09/02/2007, to opt for monetary compensation even though after medical examination her age was found to be 37 years by the Apex Medical Board and as per Para-9.5.0 (ii) of the National Coal Wage Agreement VII, if a female dependant is below the age of 45 years, she has the right either to opt for employment or to get monetary compensation in lieu of employment after the death of the employee.

According to the respondents, as per Para- 9.5.0. (ii) of the NCWA VII, the respondents Corporation cannot force her to opt for monetary compensation.

As it appears from para-12 of the counter affidavit, filed by the respondents CCL, that the respondents are offering only the monetary compensation to the petitioner on the ground that the business of extraction of coal and the work involved are hazardous in nature and , therefore, the female employment are discouraged. In Para- 14, it is stated that out of total manpower strength of the Company approximately 10 % are female employees.

In the case of ''Roshaliya Kindo v. Central Coalfields Ltd. and Ors.'' in W.P.S. No. 405/2004, it has been held that a female dependant irrespective of the age has the option either to accept monetary compensation per month or employment irrespective of her age. Though the said case was with respect to a girl, who was aged about 15 years at the time of death of her father and, therefore, she was refused employment by the CCL on the ground that there is no provision to keep the name of a female dependant on live roster but the learned Single Judge by the aforesaid order dated 10/02/2004 directed the respondents to immediately provide employment to her on compassionate ground and that view of the learned Single Judge was affirmed by the Division Bench in L.P.A. No. 262 of 2004 disposed of on 20/07/2005.

When there is specific provision in the National Coal Wage Agreement to provide employment to a female dependant if her age is found to be below 45 years then in my view, the refusal to provide employment to the petitioner, who was admittedly found below 45 years of age, is held to be illegal and unjustified. Consequently, this writ petition is allowed. The orders as contained in Annexure- 5 and 6 to the writ petition dated 09/02/2007 and 20/01/2007 respectively are hereby quashed and the respondents are directed to provide employment to the petitioner commensurate with her qualification within a period of one month from the date of receipt/production of a copy of this order.