Chattisgarh High Court

Smt. Savita Soni vs South Eastern Coalfileds Limited on 9 March, 2022

                                                1


                                                                                     AFR

                     HIGH COURT OF CHHATTISGARH AT BILASPUR
                                   WPS No. 1574 of 2022
          1. Smt. Savita Soni W/o Late Baldau Prasad Soni Aged About 49 Years R/o
             House No. Md/798, Dipka Colony, Gevra Project, District Korba,
             Chhattisgarh 495452, District : Korba, Chhattisgarh
                                                                         ---- Petitioner
                                           Versus
          1. South Eastern Coalfields Limited Through Chairman-Cum- Managing
             Director, South Eastern Coalfields Limited, Seepat Road Bilaspur,
             Chhattisgarh
          2. Director (Personnel), South Eastern Coalfields Limited, Seepat Road
             Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh
          3. General Manager (Personnel) Manpower, South Eastern Coalfields
             Limited, Gevra Project, Post Office Gevra Project, District Korba,
             Chhattisgarh, District : Korba, Chhattisgarh
          4. Deputy General Manager South Eastern Coalfields Limited, Gevra
             Project, P.O. Gevra Project District Korba, Chhattisgarh, District : Korba,
             Chhattisgarh
                                                                     ---- Respondents

For Petitioner : Mr. Chandresh Shrivastava, Advocate For Respondents : Mr. Sudhir Kumar Bajpai, Advocate

Hon'ble Mr. Justice P. Sam Koshy Order on Board

09/03/2022

1. Aggrieved by Annexure P/1 dated 24.11.2021 passed by the respondent

No.4, the present writ petition has been filed. Vide the impugned order the

respondents have turned down the request of the petitioner for keeping

the name of the petitioner's daughter in the live roster for the purpose of

grant of dependent employment in terms of the Clause 9.5.0 of the

National Coal Wage Agreement (NCWA).

2. For better understanding of the issue involved in the case, it would be

relevant to take note of the order passed by the respondent No.4 while

passing the impugned order:

"vkids }kjk fn;k x;k vkosnu bl dk;kZy; dks fnukad 05-11- 2021 dks izkIr gqvk gS ftlesa iq=h izKk lksuh firk Lo- cynkÅ izlkn lksuh] mez 14 o"kZ dks ykbQ jksLVj esa j[kus gsrq vkosnu fn;k x;k gS bl fo"k; esa vkidks lwfpr fd;k tkrk gS dEiuh ds fu;ekuqlkj iq=h dks ykbQ jksLVj esa j[kus dk dksbZ izko/kku vHkh rd ugha gSA vr% vkidks lykg fn;k tkrk gS fd vki tYn ls tYn ekWfuVjh dEiuls'ku gsrq viuk vkosnu Hkj dj v/kksgLrk{kjh ds dk;kZy; esa tek djsa rkfd vkxs dh dk;Zokgh dh tk ldsA"

3. The respondent No.4 seems to have in a mechanical manner taking into

consideration the provision of 9.5.0(iii) has refused to accept the claim of

the petitioner. For ready reference 9.5.0 is reproduced hereinunder:

"9.5.0 Employment/Monetary compensation to female dependant

Provision of employment/monetary compensation to female dependants of workmen who die while in service and who are declared medically unfit as per Clause 9.4.0 above would be regulated as under:-

(i) In case of death due to mine accident, the female dependant would have the option to either accept the monetary compensation of Rs.4000/- per month or employment irrespective of her age.

(ii) In case of death/total permanent disablement due to cause other than mine accident and medical unfitness under clause 9.4.0 if the female dependant is below the age of 45 years she will have the option either to accept the monetary compensation of Rs.3000/- per month or employment.

In case the female dependant is above 45 years of age she will be entitled only to monetary compensation and not to employment.

iii) In case of death either in mine accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and the male dependant of the concerned worker is 12 years and above in age he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependant is on live roster, the female dependant will be paid monetary compensation as per rates at paras (i) & (ii) above. This will be effective from 1.1.2000.

iv) Monetary compensation, wherever applicable, would be paid till the female dependant attains the age of 60 years.

v) The existing rate of monetary compensation will continue. The matter will be further discussed in the Standardisation Committee and finalized.

NOTE : In the case of TISCO, the matter would be settled at bipartite level."

4. The plain reading of Sub-clause (iii) of Clause 9.5.0 would reveal that

there is a system under the respondents of keeping the claim of a minor

in the live roster till he attains the age of majority. However, the

respondents have used the terms 'male dependent' in the said provision.

The petitioner in the instant case is making the claim on behalf of her 14

years old daughter.

5. It is necessary to take note of the fact that the very provision of Sub-

clause (iii) of Clause 9.5.0 was subjected to challenge before the Division

Bench of this Court in WPS No. 4712/2018 (Mamni Pradhan v. SECL &

others) alleging it to be discriminatory particularly since the respondents

have now in the light of the judicial pronouncement of this Court, which

has been affirmed up till the stage of Hon'ble Supreme Court have started

considering the claim for dependent employment for married daughters

and dependent daughter-in-laws as well. The Division Bench of this High

Court vide its judgment dated 25.01.2022 in paragraphs No. 24 & 25 has

held as under:

"24. The National Coal Wage Agreement is a binding settlement under Section 2(p) of the ID Act having force of law and therefore, the settlement terms should be fair and reasonable and must satisfy the tests of Article 14, 15 and 16 of the Constitution of India as well as Section 23 of the Indian Contract Act, 1872. It is apparent that clause 9.5.0(iii) of the NCWA-IV is clearly violative of Articles 14 and 16 of the Constitution of India because discrimination is made on the basis of gender inasmuch as while the name of a male dependent of the deceased worker who is 12 years and above is kept in a live roster until he attains the age of 18 years when his case would be considered for compassionate appointment commensurate with his skill and qualifications, no such provision is made for a female dependent.

25. In view of the above discussion, it is provided that clause 9.5.0 (iii) of the NCWA-VI shall be read in a manner to also include a female dependent who is 12 years of age and above for keeping the same in a live roster till she attains the age of 18 years when her case would be considered for compassionate appointment commensurate with her skill and qualifications."

6. The plain reading of paragraph No.25 of the judgment of the Division

Bench in the case of 'Mamni Pradhan' ( supra), it has been categorically

held by the Division Bench that the provisions of Clause 9.5.0(iii) of the

NCWA has to be read in a manner to also include a female dependent,

who is 12 years of age and above for the purpose of keeping the name in

a live roster till she attained the age of majority. The said order of the

Division Bench of this Court has not been set-aside or quashed by the

Hon'ble Supreme Court till now.

7. In view of the same, the order of the Division Bench as on date becomes

the law also governing the provisions of the NCWA, so far as Sub-clause

(iii) of Clause 9.5.0. In view of the said judgment of the Division Bench of

this Court, the impugned order passed by the respondents would

therefore not be sustainable, though the order passed by the respondent

No.4 was prior to the decision of the Division Bench. However, for the

principles and ratio laid down by the Division Bench, the ground would be

no longer available for the respondents for refusing the claim of female

above the age of 14 years from being kept in the live roster for the

purpose of the dependent employment.

8. The impugned order therefore to that extent deserves to be and is

accordingly set-aside. The respondents are directed to consider the claim

of the petitioner afresh for the purpose of keeping her name in the live

roster in the light of the judgment of the Division Bench of the High Court

of Chhattisgarh in WPS No. 4712/2018 in the case of 'Mamni Pradhan v.

SECL & others' decided on 25.01.2022. Let an appropriate decision in

this regard be taken by the respondents within an outer limit of 60 days

from the date of receipt of the copy of this order.