[Cites 1, Cited by 0]
Chattisgarh High Court
Smt. Amaresh Rajwade vs South Eastern Coalfields Limited on 18 March, 2026
Page No.1 of 5
IN
WPS-3668-2019
Digitally
2026:CGHC:12893
SAIFAN signed
by
KHAN SAIFAN
NAFR
KHAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3668 of 2019
Smt. Amaresh Rajwade, D/o Late Ramprasad, aged about 33 years,
W/o Shri Vijay Kumar Sahu, R/o Karanjwar, Police Station and
Tahsil Pratappur, District Surajpur (Chhattisgarh)
... Petitioner
Versus
1 - South Eastern Coalfields Limited, through its Chairman-cum-
Managing Director, Headquarter, Seepat Road, Bilaspur
(Chhattisgarh)
2 - General Manager, Vishrampur Area, SECL, Vishrampur, District
Surajpur (Chhattisgarh)
3 - Assistant Manager (Personnel), Rehar Land Mines, Vishrampur
Area, District Surajpur (Chhattisgarh)
4 - Mining Manager, Rehar Land Mines, Vishrampur, Area, District
Surajpur (Chhattisgarh)
... Respondents
[Cause-title taken from Case Information System (CIS)]
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For Petitioner : Mr. Shubhank Tiwari, Advocate
For Respondent-State : Mr. VR Tiwari, Senior Advocate assisted
by Mr. AK Kesharwani, Advocate
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Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal
(Order on Board)
18.03.2026
1. Heard.
2. In this petition, petitioner' father, namely, Ramprasad died in
harness while working with the respondents on 24.09.2012. After
death of Ramprasad, his wife (i.e. mother of the petitioner), namely,
Smt. Sona Bai was not granted either dependent employment or
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WPS-3668-2019
monetary compensation, however, unfortunately, she also died on
07.01.2014. Thereafter, the petitioner claimed dependent
employment before the respondent, which stood rejected vide order
dated 11/13.12.2017. Against which, the petitioner preferred WPS-
4294-2018 (Smt. Amaresh Rajwade v. South Eastern Coalfields
Limited and others) before this Court, which was decided on
03.07.2018 and it has been held that the petitioner is not entitled for
dependent employment, however, liberty was reserved in favour of
the petitioner to claim monetary compensation. Thereafter, when the
petitioner approached the respondents for grant of monetary
compensation, the same was also rejected vide impugned order dated
23.10.2018. Aggrieved, the present writ petition has been preferred.
3. Learned counsel for the petitioner submits that the
respondents are absolutely unjustified in rejecting the claim of the
petitioner by recording findings which are perverse and contrary to
the record. Therefore, the same is liable to be set aside.
4. On the other hand, learned Senior Counsel for the respondents
supported the impugned order and prays for dismissal of this
petition.
5. I have heard learned counsel for the parties, considered their
rival submissions made herein above and went through the record
with utmost circumspection.
6. In order to consider the plea raised at the bar, it would be
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WPS-3668-2019
appropriate to notice the relevant provision governing grant of
monetary compensation i.e. National Coal Wage Agreement-IX,
which reads as under:
"9.3.0, 9.4.0 & 9.5.0 Provision of employment/payment of
monthly monetary compensation to Dependant-
(i) The Clauses 9.3.0, 9.4.0 & 9.5.0 of NCWA-VI will be
operative in NCWA-IX till a revised scheme is jointly
prepared keeping in view the various verdict of Hon'ble
Supreme Court at the earliest.
(ii) A Sub-committee of JBCCI will formulate a scheme
keeping in view various directives of Supreme Court on
the subject within three months of signing of the
Agreement.
(iii) Meanwhile provision of employment as mentioned at
(i) above, shall be on basic wage of Cat-l as trainee for a
period of 6 months. During the training period they will
have the status of permanent employee. On completion of
training they shall be regularized as Cat-I employee.
However, those dependants in possession of
Technical/professional qualification in BE/Diploma will be
considered for appointment in higher category, keeping in
view their qualification, suitability and
vacancy.
(iv) The monthly monetary compensation payable to the
female dependant in case of death either in mine accident
or for other reasons or medical unfitness of the employee
shall be @ Rs.6000/- with effect from 1.5.2008.
(v) In case of death either in mine accident or due to other
reasons or medical unfitness, 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 given in (iv) above.
(emphasis supplied)"
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WPS-3668-2019
7. A careful perusal of above-quoted provision would show that a
monthly monetary compensation to the tune of Rs.6,000/- is payable
to the female dependant in case of death either in mine accident or
for other reasons or medical unfitness of the employee with effect
from 1.5.2008 and, in the case at hand, after the death of petitioner's
father- Ramprasad, his wife (i.e. mother of the petitioner), namely,
Smt. Sona Bai was not granted either dependent employment or
monetary compensation and, unfortunately, she also died on
07.01.2014 and, when the petitioner claimed dependent employment
before the respondent, the same was rejected vide order dated
11/13.12.2017. Thereafter, in the first round of litigation being WPS-
4294-2018 (Smt. Amaresh Rajwade v. South Eastern Coalfields
Limited and others), decided on 03.07.2018, though this Court has
held that the petitioner is not entitled for dependent employment,
but liberty was reserved in her favour to claim monetary
compensation before the respondents. However, the said claim of the
petitioner also stood rejected vide impugned order dated 23.10.2018.
As such, in the considered opinion of this Court, the case of the
petitioner would fall within the purview of sub-clause (iv) of Clause
9.5.0 of the National Coal Wage Agreement-IX which clearly
provides that monthly monetary compensation would be payable to
female dependent to the tune of Rs.6,000/- and, therefore, the
respondents are absolutely unjustified in rejecting the claim of the
petitioner for grant of monetary compensation vide impugned order
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dt. 23.10.2018. Accordingly, the impugned order dated 23.10.2018 is
hereby set aside. The respondents are directed to pay monthly
monetary compensation to the petitioner herein being female
dependent in light of sub-clause (iv) of Clause 9.5.0 of the National
Coal Wage Agreement-IX from the date she made an application for
the said purpose before the respondents i.e. 07.08.2018.
8. Consequently, the writ petition is allowed to the extent
indicated herein-above. No cost.
Sd/-
(Sanjay K. Agrawal)
Judge
s@if
