1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4144 OF 2009 (Ku. Pravina Narsayya Yelgu vs. Chief General Manager, WCL and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M.REIS, JJ. DATED : DECEMBER 4, 2009 Heard Shri Kalbande, learned Counsel for the petitioner, and Shri Mehadia, learned Counsel for the respondents. In the present petition, the grievance of the petitioner is in respect of Clause 9.4.3 of the National Coal Wage Agreement. Shri Kalbande, learned Counsel for the petitioner, states that as per the said Clause, dependents, who can claim compassionate appointment, are wife, unmarried daughter, son and legally adopted son and not legally adopted daughter. It is contended that the said Clause is discriminatory 2 and, therefore, liable to be struck down. Shri Mehadia, learned Counsel for the respondents, states that the said Clause is neither statutory rule nor legislation nor policy of the Western Coalfields Limited. It is a wage agreement entered into by the Union and Management and, therefore, contention of the learned Counsel for the petitioner is misconceived and liable to be rejected. In view of the above referred undisputed facts, the contention of the learned Counsel for the petitioner, on the face of it, is misconceived and cannot be sustained in law. The petition suffers from lack of merit and hence, the same is dismissed. JUDGE JUDGE khj