Poonam Devi vs M/s, Central Coalfield Limited through its Chairman cum Managing Director

Deepak Roshan, J

The  instant  writ application  has been  preferred  by  the petitioner for the following reliefs:

“I. For issuance of an appropriate writ (s) order (s) direction (s) Commanding upon the respondent to provide compassionate appointment to the Petitioner in view of provision made under clause 9.5.0(II) of the National Coal Wage Agreement.

II. For issuance of an appropriate writ(s) order(s) direction(s) for quashing the order dated 14.6.14 issued under signature of respondent No.3 whereby and whereunder the claim for compassionate appointment to the petitioner has been rejected.

And/Or

Be further pleased to pass such other order (s) to which your Lordship may deem fit and proper for doing conscionable Justice to the petitioner.”

At the outset, learned counsel for the petitioner fairly submits that he is not pressing prayer no. I & II which is in connection with compassionate appointment of the Petitioner, since she has crossed the upper age limit of 45 years.

Learned counsel further submits that since as per clause 9.5.0 of NCWA-VI, the widow of the deceased employee is entitled for monetary compensation; as such, the respondents may be directed to calculate the amount and pay the same to this Petitioner.

Learned counsel for the respondents submits that since there was no prayer made in this writ application with respect to monitory compensation; as such, he is having no idea as to whether the respondents have given the monetary compensation to the widow of the deceased employee or not. As such, the petitioner may be directed to approach the 4th respondent who shall verify the records of the case and if the monetary compensation has not been paid to the Petitioner/rightful claimant, then the same shall be paid immediately.

Having heard learned counsel for the parties and after going through the records of the case and also the limited prayer of the Petitioner; it appears that admittedly, the petitioner has not prayed for any monetary compensation but the fact remains that as per clause 9.5.0 of NCWA-VI, the widow of the deceased employee is entitled for monetary compensation if she has crossed the upper age limit of 45 years; as such interest of justice would be sufficed by directing the Petitioner to approach the 4th respondent by filing an application annexing all the details at the earliest.

The moment the 4th respondent receives the representation/application for monetary compensation, he would verify the same and if the petitioner is found entitled and/or if the monetary compensation has not been paid till date; the same shall be paid within a period of 12 weeks from the date of receipt of such representation.

Accordingly, this writ petition stands disposed of.