DHANMATI DEVI Vs. CENTRAL COALFIELDS LIMITED
LAWS(JHAR)-2018-5-175
HIGH COURT OF JHARKHAND
Decided on May 14,2018

Dhanmati Devi Appellant
VERSUS
CENTRAL COALFIELDS LIMITED Respondents


Referred Judgements :-

MOHAN MAHTO VS. CENTRAL COAL FIELD LTD [REFERRED TO]


JUDGEMENT

Shree Chandrashekhar, J. - (1.)Claim raised by the petitioners is for compassionate appointment/monetary compensation to petitioner no. 1 or compassionate appointment to the petitioner no. 2.
(2.)Petitioner no. 1 is the wife of the employee-Bodhan Manjhi who died on 18.05.1998.
At the time of death of the employee his son-Sikandar Murmu who is petitioner no. 2 was aged about 9 years. An application for compassionate appointment was submitted on 15.10.2001. Though, there is considerable dispute on service upon the petitioners the order by which compassionate appointment to petitioner no. 1 was declined, however, now in view of order dated 31.01.2018 by which monetary compensation to petitioner no. 1 has been granted w.e.f. 01.11.2001 that issue has become insignificant. The respondents have now admitted that the petitioner is entitled for monetary compensation; in view of her age petitioner no. 1 who has crossed the maximum age limit for appointment cannot be offered appointment on compassionate ground. At the relevant time her claim was rejected primarily on the ground of delay; the application for compassionate appointment was filed more than three years after the death of the employee-Bodhan Manjhi. At the time when the application for compassionate appointment to petitioner no. 1 was declined, the respondents were under a duty to grant monetary compensation to the widow of the employee-Bodhan Manjhi.

(3.)Evidently, family of the deceased employee has suffered on account of mistake, if not negligence, on the part of the respondents. The provision for monetary compensation is part of social security measures under Chapter-IX of the National Coal Wage Agreement which has attained statutory force [refer "Mohan Mahto Vs. M/s. Central Coal Field Ltd.Ors." reported in (2007) 8 SCC 549]. NCWA, which is a tripartite settlement, is enforceable under Sec. 18 of the Industrial Dispute Act, 1947. These measures which include compassionate appointment in case of death of an employee are distinct from other service benefits; even provision for compassionate appointment is different from other schemes for compassionate appointment. The petitioner no. 1, who was not provided monetary compensation under Clause 9.5.0, and her family have suffered long 18 years. The respondents, in the above facts must pay statutory interest on the amount of monetary compensation. Accordingly, it is ordered that the monetary compensation payable to the petitioner no. 1 shall be paid with 5% simple interest, within six weeks.


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