Most. Ghasni Bai vs Central Coal Fields Limited And Ors

Heard Mr. Deen Bandhu, learned counsel for the petitioner and Ms. Swati Shalini, A.C. to Mr. Amit Kumar Das, learned counsel for the

respondents-CCL.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioner has preferred this writ petition for direction upon the respondents to pay monetary compensation in terms of Para 9.5.0 (ii) of National

Coal Wage Agreement VI/IX.

Learned counsel appearing for the petitioner submits that husband of petitioner died in harness on 14.10.2015. She applied for compassionate

appointment on 12.09.2016 but the same was rejected on the ground that she crossed the age as she was 47½ years and thus, was not possible to

provide compassionate appointment. Thereafter, the petitioner has filed several representations for monetary compensation in terms of Para 9.5.0 (ii)

Chapter-IX of Social Security of NCWA-VII which provides that if the lady crossed the age of 45 years, she will have the option to accept monetary

compensation.

Ms. Swati Shalini, A.C. to Mr. Amit Kumar Das, learned counsel for the respondents-CCL submits that the petitioner may kindly be directed to file

fresh representation before respondent nos.5 and 6, who will take decision in accordance with NCWA.

In view of above facts, considering the submission of learned counsel for the parties, the petitioner is directed to file fresh representation before

respondent nos.5 and 6 within a period of four weeks. If the petitioner files such representation within the aforesaid period, respondent nos.5 and 6 will

consider the case of petitioner in terms of Para 9.5.0 (ii) of National Coal Wage Agreement VI/IX and will pass reasoned order within a period of

eight weeks thereafter. There is provision of monetary benefits in that clause to the dependents of deceased employee. Accordingly, respondent nos.5

and 6 will release the monetary benefit in terms of that clause of NCWA, if they come to the conclusion that she is entitled, the same shall be released

within a period of four weeks thereafter.

With the above observations and directions, this writ petition stand dispose of.