Telangana High Court
Giravoina Komaraiah vs The Singareni Collieries Company ... on 15 November, 2022
Bench: Surepalli Nanda
IN THE HIGH COURT OF TELANGANA AT HYDERABAD
W.P. No. 16582 of 2020
Between:
Giravoina Komaraiah ... Petitioner
And
The Singareni Collieries Company Ltd and another
... Respondents
JUDGMENT PRONOUNCED ON: 15.11.2022
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
1. Whether Reporters of Local newspapers : yes
may be allowed to see the Judgment?
2. Whether the copies of judgment may be
marked to Law Reporters/Journals? : yes
3. Whether Their Lordships wish to
see the fair copy of the Judgment? : yes
____________________
SUREPALLI NANDA, J
WP_16582_2020
2 SN,J
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 16582 of 2020
% 15.11.2022
Between:
#Giravoina Komaraiah
..... Petitioner
and
$ The Singareni Collieries Company Ltd
and another.
.....Respondents
< Gist:
> Head Note:
! Counsel for the Petitioner : Mr K.Naga Phanindra
^standing Counsel for the Respondents:Mr P.Sriharsha Reddy
? Cases Referred:
WP_16582_2020
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THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 16582 of 2020
ORDER:
Heard learned counsel for the petitioner and learned
Standing counsel appearing for the respondents.
2. This writ petition is filed to issue any order or direction
more particularly one in the nature of a writ of Mandamus by
declaring the respondent's action in rejecting petitioner's plea
to add his daughter's name in the live roster and to grant
monthly Monitory Compensation (MMC) to his wife till his
daughter attains 18 years and is provided employment in
Singareni Collieries Company Ltd as illegal, arbitrary and in
violation of Articles 14, 15 and 16 of the Constitution of India
and thereby direct the SCCL to grant MMC to petitioner's wife
from 20.04.2018 and to keep the petitioner's daughter on its
live roster and provide her employment after she attains 18
years.
3) The case of the petitioner, in brief, is as follows:
a) The petitioner was appointed on 17.10.1986 as Badili
worker. On 19.04.2018, the petitioner was examined by
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SCCL Corporate Medical Board and thereafter, they certified
that the petitioner is medically invalidated and the petitioner
attending the work from 20.04.2018. The petitioner was
subsequently terminated from service vide proceedings dated
25.05.2018.
b) The petitioner made a representation on 02.07.2018 to
the 2nd respondent to add his daughter's name i.e. Sravanthi,
aged 12 years on live roster to provide employment after she
attains majority and till then to provide his wife MMC as his
daughter is the only person eligible for compassionate
employment as per Clause 9.5.0(iii) of National Coal Wage
Agreement - VI.
c) The 2nd respondent replied that the existing rules does
not provide for putting the name of the minor female
dependant aged between 12 to 18 years by the time of
death/medical unfitness of ex-employees of the live roster
and that the petitioner is having another female dependant
viz Kum. Praveena, aged 20 years and that she is eligible for
the employment. Actually, the petitioner is having only one
daughter by name KumSravanthi.
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d) As per orders in K.Satish Kumar v UOI & others (WP
(PIL) No.19 of 2017 the dependants of the employees who
were medically invalidated are eligible for compassionate
employment including employment for female dependants.
e) Aggrieved by the in action of the respondents, the
present writ petition is filed.
4. The respondents filed counter, in brief, is as
follows:
a) As per the National Coal Wage Agreements formulated
by the Joint Bipartite Committee for Coal Industry, with
regard to the provision of dependant employment on
compassionate grounds, there is no provision to keep the
name of a minor female dependant who is in the age of 12 to
18 years, as on the date of death/medical unfit of ex-
employee, on live roster to enable to provide employment on
attaining 18 years of age.
b) Clause 9.3.3 of National Coal Wage Agreement VI
stipulates that the dependant for this purpose means the
wife/husband as the case may be unmarried daughter, son
and legally adopted son. If so, such direct dependant is
available for employment, brother, widowed
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daughter/widowed daughter-in-law or son-in-law residing with
the deceased and almost wholly dependant on the earnings of
the deceased may be considered to be the dependant of the
deceased.
c) 9.3.0, 9.4.0 and 9.5.0: Provision of
Employment/monthly monetary compensation to dependant:
(v) In case of death either in mine accident or due to other
reasons or medical unfit, if no employment has bee 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 monthly monetary compensation as
given in (iv) above.
d) As per the pension Form PS 3 in the details of family
members' column, the petitioner has mentioned 'G.Praveena'
as daughter and her date of birth is recorded as 6th January,
1998. The writ petition is non joinder of necessary party as
the petitioner sought modification of the provisions as
envisaged in NCWA.
e) Therefore, the writ petition is liable to be dismissed.
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PERUSED THE RECORD :
5. Paras 8, 9, 10, 13, 15 and 16 of the counter affidavit
filed on behalf of the Respondents read as under :
Para 8 :
It is submitted, in this regard, that the employees(non-executive
cadre) working in Coal Mines in India are governed by National Coal
Wage Agreements (NCWAS) formulated by the Joint Bi-partite
Committee for Coal Industry (JBCCI) consisting of representatives of
major Trade Unions and representatives of Coal Companies. The
JBCCI evolves wage structures, leaves, LTC/LLTC, medical facilities,
allowances, increments, service conditions, other fringe benefits and
also other provisions such as compassionate appointment to the
eligible dependant of an employee died or declared medically unfit
while in service, with a view to mitigate financial hardships of the
family members disabled employee/died employee while in service as
a welfare measure.
Para 9 : It is submitted that the dependant for the purpose of
providing employment on compassionate appointment, Clause - 9.3.3
of National Coal Wage Agreement VI stipulates as under:
"thedependant for this purpose means the wife
husband as the case may be, unmarried daughter, son and
legally adopted son. If so such direct dependant available for
employment, her daughter widowed daughter-in-law or son-in-
law residing with the deceased and almost wholly dependant
on the earnings of the deceased mybe considered to be the
dependant of the deceased"
Para 10 : It is further submitted that the existing and relevant
guidelines with regard to the provision of Employment Payment of
Monthly Monetary Compensation to Dependant under NCWA-VIII as
formulated by the JBCCL, are extracted as under:
9.3.0, 9.4.0 & 9.5.0: Provision of Employment monthly
monetary compensation to Dependant:
(v) In case of death either in mine accident or
due to other reasons on medical unfit, if no
employment has been offered and the male dependent
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
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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 monthly monetary
compensation as given in (iv) above.
The above provisions of dependent employment are being followed in
subsequent NCWAs. It is very clear from the above that the eligible
unmarried daughter is entitled to claim for employment on
compassionate grounds. But, it does not mean that minor daughter
though dependent is entitled to be provided employment on
compassionate grounds and in such case, the ex-employee is entitled
to claim Monthly Monetary Compensation.
Para 13 : It is submitted that the Representation dated
02.07.2018 submitted by the Petitioner was examined and a letter
dated 30.01.2019 was issued to him intimating that as per the
existing rules and guidelines in vogue with regard to keeping the
name of the dependant on live roster, there is no provision to keep
the name of Minor female dependant who is in the age of 12 to 18
years as on the date of death/medical unfitness of ex-employee on
live roster to enable to provide employment on attaining the 18 years
of age, and further informed to avail other benefits providing by
respondent company in lieu of dependant employment.
Para 15 : It is submitted that the contention of the petitioner that
he was medically invalidated through Medical Board on 19.04.2018
and that the dependants medically unfit employees are not eligible for
compassionate appointment while the dependants of medically
invalidated employees are eligible compassionate appointment, is not
true and correct and hence denied and petitioner is put to strict proof
of the same. It is submitted that the employees who are declared
medically unfit or medically invalidated for further services, dependent
employment will be provided to one of the eligible dependants. But, in
the present case, the question is not providing employment to the
eligible dependant whether male or female, it is the question of
keeping on live roster of a minor female dependant and providing
employment on attaining 18 years of age, which is against the
provisions of NCWA Agreements as formulated by the JBCCI and
being followed by the Respondent Company.
Para 16 : Further, it is submitted that dependant employment on
compassionate grounds and definition of the dependant will be
formulated in National Coal Wage Agreements by Joint Bi-partite
Committee for Coal Industry(JBCCI) and all the major Unions like
INTUC, AITUC, BMS, HMS and CITU are parties to the Agreements
and the same will be followed by the Coal Companies and the said
Agreements are binding upon all the parties including the petitioner.
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The relief sought by the petitioner amounts to seeking modification of
the provisions as envisaged in NCWA and also for inclusion of the
minor daughter to keep her name in live roster is n permitted under
law unless and until the petitioner questions the NCW Agreements
and especially the NCWAS are binding upon all the parties. Therefore,
JBCCI is a necessary party to the writ petition. The writ petition as
filed by the petitioner is also liable to be dismissed on the ground of
non- joinder of the necessary party.
6. The Counsel for Petitioner places reliance on the
Division Bench judgment dt.16.03.2017 passed in W.P.(PIL)
No.19/2017 and also the judgment of the Apex Court dt.
12.08.2008 passed in V. Siva Murthy & Another v. State of A.P.
& Others.
DISCUSSION &CONCLUSION :
7. The prayer sought for by the Petitioner is two fold and
can be divided into two limbs:
a) The first limb of the prayer of the Petitioner is
seeking a writ of mandamus declaring the action of the
Respondents in rejecting Petitioner's plea to add
Petitioner's daughter's name on the live roster and to
grant Monthly Monetary Compensation (MMC) to
Petitioner's wife till Petitioner's daughter attains 18
years and is provided employment in Singareni Collieries
Company Limited as illegal, arbitrary.
b) The second limb of the prayer is a direction to the
Respondents to pay Monthly Monetary Compensation to
the wife of the Petitioner as per Clause 9.5.0(ii) of NCW
Agreement-VI from 20.04.2018.
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8. A bare perusal of Clause 9.5.0(iii) of National Coal Wage
Agreement-VI (NCW Agreement - VI) indicates that a
provision is made for including the name of minor male
children age between 12 to 18 years by the time of
death/medical and fitness of ex-employees on the live roster
and during the period when the male child is on live roster,
the female dependent is paid the MMC. In so far as the first
limb of the prayer sought for by the Petitioner in the present
Writ Petition is concerned, unless and until the Petitioner
challenges the virus of the subject clause and the subject
agreement, this Court cannot adjudicate and grant the same.
9. Taking into consideration the specific averments made
by the Respondents in the counter affidavit filed in the paras
8, 9, 10, 13, 15 and 16 referred to and extracted above, this
Court is of the firm opinion that the Petitioner is not entitled
for grant of the first limb of the relief sought for by the
Petitioner unless the Petitioner questions the NCWA
Agreements (National Cold Wage Agreements) in view of the
fact that the NCWA's are binding upon all the parties. The
Petitioner has also not impleaded JBCCI (Joint Bipartite
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Committee for Coal Industry) which is a proper and necessary
party.
10. In so far as the second limb of the prayer is concerned
i.e., a direction to the Respondents to pay Monthly Monetary
Compensation (MMC) to the wife of the Petitioner as per
Clause 9.5.0(ii) of NCW Agreement-VI from 20th April 2018, it
is very clearly stated in the counter affidavit at para 13, that
vide letter dt. 30.01.2019 of the Superintendent of Mines, KK5
Incline SCCL, the representation of the Petitioner dt.
02.07.2018 was examined and the Petitioner was informed to
avail other benefits provided by the Respondent company in
lieu of dependent employment. In view of the said clear
averment in the counter affidavit filed by the Respondents,
the Respondents are directed to forthwith pay Monthly
Monetary Compensation (MMC) to the wife of the Petitioner as
per Clause 9.5.0(ii) of NCW Agreement-VI, regularly, and
further consider the request of the Petitioner for release of
arrears of Monthly Monetary Compensation to the wife of the
Petitioner w.e.f. 20.04.2018 the date on which the Petitioner
has been medically invalidated, and pass appropriate orders in
accordance to law within a period of 4 weeks from the date of
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receipt of the copy of the order duly communicating the said
decision to the Petitioner.
11. In so far as the judgements relied upon by the Counsel
for the Petitioner and the principle laid down in the said
judgements, the same would certainly come to the rescue of
the Petitioner in the event the Petitioner challenges the NCWA
Agreements by impleading JBCCI as party Respondent and
initiate proceedings accordingly.
12. For all the reasons stated above the Writ Petition is
disposed of giving liberty to the Petitioner to question the
NCWA Agreements and seek the fist limb of the relief sought
for in the present Writ Petition afresh again. There shall be
no order as to costs.
Miscellaneous petitions, if any, shall stand dismissed.
_________________
SUREPALLI NANDA, J
Date: 15.11.2022
Note : L.R. copy to be marked
b/o
kvrm
