Sarati Kora vs Eastern Coalfields Limited & Ors.

The husband of the petitioner was an employee of the Eastern Coalfields Ltd. and he died-in-harness on October 1, 2014. The petitioner made an

application for appointment on compassionate ground. By a letter dated April 22, 2017, the respondents informed the petitioner that monetary benefit

has been approved by the competent authority in lieu of employment as the petitioner was assessed to be aged between 45 years and 50 years as on

February 22, 2007 by the Medical Board. The petitioner was directed to apply for the monetary compensation with the requisite details.

Although initially the grievance of the petitioner was that she could be considered to be within 45 years of age at the time of death of her husband,

when the matter is taken up Mr. Ghosh, the learned Advocate for the petitioner has given up her claim for appointment on compassionate ground. Mr.

Ghosh submits that the petitioner has already started getting monetary compensation from the respondent authorities. In terms of Clause 9.5.0 (ii) of

National Coal Wage Agreement â€" VI in the case of death-in-harness of an employee if his female dependent is above 45 years of age, she will be

entitled to only monetary compensation and not the employment. On the basis of the age assessed by the concerned Medical Board of the

respondents, they have refused employment to the petitioner.

At this stage, petitioner’s prayer is restricted to directing the respondents to pay monetary compensation to the petitioner from the date of death of

her husband. Mr. Kumar, the learned Advocate for the respondents, produces an order dated August 11, 2015 passed by a learned Single Judge of

this Court in Sundara Bauri vs. Coal India Ltd. & Ors. (W.P. 235 (w) of 2013) for a proposition that monetary compensation, in terms of a circular

issued by the appropriate authority, is payable only from the date of application and not from before.

There are Division Bench judgments of this Court where, however, the respondents were directed to make payment of monetary compensation from

the date of death of the employee. A Division Bench of this Court by an order dated August 28, 2008 in Smt. Chhaya Singh Sardar vs. Coal India Ltd.

& Ors. (G.A. 3117 of 2007, A.P.O.T. 518 of 2007) held that the appellant in that case was entitled to get monetary compensation from the date of

death of her husband. The reason for such direction was that it was a social security measure which is given to a family in need and, therefore, cannot

be made dependent on the date of submission of the application.

This judgment was relied on before me in the case of Bipini Marandi vs. Coal India Ltd. & Ors. (W.P. 597 of 2012) where by an order dated October

18, 2012, the petitioner was found to be entitled to get the allowance from the date of death of her husband. This order was carried in appeal and a

Division Bench of this Court by an order dated March 8, 2013 (APOT 88 of 2013 with W.P. 597 of 2012) considering the relevant provisions of the

National Coal Wage Agreement as also the order in Smt. Chhaya Singh Sardar (supra) dismissed the appeal expressing Their Lordships’

agreement with the reasons employed by this Court in Smt. Chhaya Singh Sardar (supra).

Subsequently, the same issue came up for further consideration before a Division Bench of this Court in the case of M/s. Eastern Coalfields Ltd. vs.

Dewanti Kumari & Ors., reported in (2016) 3 WBLR (Cal) 464. The Division Bench specifically observed that the National Coal Wage Agreement is

a bipartite settlement between the Coal India and its subsidiary companies and other employers in the coal industry on the one hand and the workmen

represented by several trade unions on the other. The settlement signed in conciliation cannot be varied by terms of any guidelines issued and it would

have to be changed or modified only by a separate settlement or Award. Therefore, the guidelines issued by the appropriate authority cannot take

precedence over the wage agreement. The wage agreement does not specify that compensation is payable only from the date the claim for

compassionate appointment or claim for compensation is made. Sub-Clause (1) of Clause 9.5.0 of the said Agreement has been interpreted to be that

compensation and employment would be available on the date of death of the employee.

I am in respectful agreement with the views expressed by the Division Bench as mentioned before. The Agreement nowhere says that such

compensation is to be paid from the date of the application. It merely declares entitlement of a female dependent to get monetary compensation in

case her predecessor-in-interest dies-in-harness. Since such female dependent is entitled to get monetary compensation for a certain length of period,

for that period the monetary compensation, despite the nomenclature, is for all practical purposes in the nature of family pension and the respondents

by a circular cannot make payment of such compensation contingent upon the date of making the application. The law having been decided by the

successive Division Benches of this Court, there is hardly any scope for taking a view contrary to the same.

In such view of it, I hold the petitioner to be entitled to monetary compensation which have started been released in her favour, from the date next to

the death of her husband. The respondents are directed to calculate the amount of compensation in terms of the provisions of the said Agreement

from that date. Such calculation is to be made within a period of four weeks from the date of communication of this order. The respondents are

further directed to disburse the arrear amount within a further period of four weeks to the petitioner. Mr. Ghosh prays for interest from the date of

death of the husband.

This could be considered if the petitioner had not initially applied for employment on compassionate ground. However, the same could not be offered

to her as the concerned Medical Board assessed the age of the petitioner to be above 45 years and in terms of Sub-Clause (2) of Clause 9.5.0 of the

National Coal Wage Agreement-VI, a female dependent of a deceased employee above the age of 45 years is only entitled to monetary compensation

and not employment. Therefore, the respondents were required to start making payment of monetary compensation immediately after the concerned

Medical Board declared the petitioner to be above the age of 45 years.

I, therefore, direct the respondents to pay interest @ 7% per annum upon the arrear of the monetary compensation from the date of the decision of

the concerned Medical Board till the date of actual payment, though the petitioner is entitled to monetary compensation from the date next to the date

of death of her husband. With the directions as above, the writ petition is allowed. There shall be no order as to costs. Urgent Photostat certified copy

of the order, if applied for, be supplied to the parties at an early date.