IN THE HTGH COURT OF CHH&TTTSGARH AT BILASPUR WRIT PETITrON No.^T^ /2005 ^ PETITIONBR RR.No.............^/^Z^Z^..|^' Presented by ^n.tS1.'.£.'.V^l£/S.^. ^&.~^..^S1SS^ RESPONDENTS y^Ravindra Si-ngh @ Ravi, S/o. S'obhnath Singh, Age 36 years, Caste-Chhatriya, Occupation- Onemployed,R/o.Colony Cariteen Dafai, Miners Quarter, Haldi- * . )adi, ehirmiri, Distrlct Koriya (C.G.) VERSUS 1. Soufh Eastern Coalfields Ltd. ThrougK Chairman-cum-Managing Director, Seepat Road, Basant Vihar, Bilaspur (C.G.) : /l. Sub Area, Manager, S.E.C.L. N.C.P.H. Colliery Chirmiri Area, Haldibadi, Koriya (C.G.) Mines Superintendent/Manager, N.C.F.H. Colliery, Haldibadi, District Koriya (C.G.) Deputy Chief Personnel Manager, Chirmiri Area, Haldibadi, D±strict;-Koriya (C.G.) ^/5. CKief General Manager, Chirmlri Area, Haldibadi, Dlstrict Koriya (C.G.) . WRIT PETrTrON UNDER flRTICI.E ?2&/227 Or THE CONSTrTUTION OF INDIS l.*~ PARTICULARS OF THE PETITIONER As mentioned above in the cause title. ^ws: ^^L-d»uJ^<a.5^^^^c ^f^. iX: sg- HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION N0.6154/2005 PETITIONER Ravindra Singh @ Ravi Versus RESPONDENTS South Eastern Coalfields Limited and others (Writ Petition under Article 226/227 ofthe Constitution of India) Sinale Bench: Hon'bie ShriSatish K. Aanihotri. J. Present: - Shri A. K. Shukia, counsei for the petitioner. Shri P. S. Koshy, counsel for respondents. ORAL QRDER (Passed on this 4 day of December, 2009) With the consent of learned counsel for the parties, the petition is heard finally. (2) The petitioner being dependant adopted son of Sobhnath Singh declared as medical unfit, who was working on the post of Security Guard in the S.E.C.L.. The petitioner was deciared medical unfit on 10-03-1993 (Annexure P/2). The petitioner being dependant adopted son made an applicationimmediately on 24-03-1993 (Annexure P/3) for consideration of his case to grant of employment under provisions of Claus®9.4 of Chapter- 9 of National Coal Wages Agreement. The respondent authorities rejected the apptication of the petitioner on the ground that adoption deed produced by the petitioner was not iegal by letter dated 18-10-1995 (Annexure P/5). Thereafter, the petitioner filed a civil suit for declaration. The Civil Judge Ciass-11, Manendragarh passed a decree in Civil Suit No.5-A/1996 declaring the petitioner as adopted son of the medical unfit employee-Shobhanath Singh. Thereafter, the respondent authorities again raised an objection that since the respondent authorities was not a party to the civil suit; the same is not binding on them. The petitioner has again moved to the Civil Court by 2-' filing Civil Suit No.34-A/2001 impleading the respondent authorities as a party defendants. The Civil Judge Class-11, Manendragarh passed a decree on 27-02-2002 (Annexure-P/8) declaring the petitioner as adopted son of the medical unfit emptoyee-Shobhanath Singh. The petitioner thereafter again approached the respondent authorities. The respondent authorities by order dated 30-11-2004 (Annexure P/14) in a casual and cryptic manner expressed his inability to grant empioyment to the petitioner. (3) The National Coal Wages Agreement-IV ciearly provides statutes for the purpose of implementation for employment of one dependant. Clause 9.4 which reads as under:- 9.4 "Provision of employment to dependants: 9.4.1 Employment would be provided to one dependant of workers disabied permanently and those who meet with death while in sen/ice. This provision will be implemented as follows: 9.4.2 Employment of one dependant of the worker who dies while in service: (i) The dependant for this purpose means the wife/husband, as the case may be, unmamed daughter, son and legaliy adopted son. If no such direct dependant is avaiiable for employment younger brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholty dependant on the earnings of the deceased may be considered to be the dependants ofthedeceased. (ii) The dependants to be considered for employment should be physically frt and suitable for employment and aged not more that 35 years provided that the age limit shall not apply in the case of spouse: 9.4.3 Employment to one dependant of a worker who is permanently disabled in his place: (i) The disabtement of the worker concerned should drise from injury or disease, be of a permanent nature resuiting into loss of employment and it should be so certified by the Cost Company concerned. (ii) !n case of disabtement arising out ofgeneral physical debility so certified coal company concerned, not arising out of injury or disease as in Para(1) above, the concerned employee will be eligible for the benefit under this Clause if the employee is upto the age of 58 years. (iii) The dependant for this purpose means the wife/husband, as the case may be unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment younger brother, widowed daughter/widowed daughter-in-taw or son-in-law residing with the employee and aimost wholly dependant on the employees may be considered. (iv) The dependant to be considered for employment shpuld be physicaliy flt and suitable for empioyment and aged not more that 35 years, provided that the 'age limit shall not apply in the case of spouse. Note: In regard to employment of dependants of employees TISCO wiil follow their exist (4) The abovementioned Clause provides for granting employment to the dependant. There is very little scope for not considering apptication on any other aspect for grant of employment to the dependant/ son of the medical unfit employee. On a bare perusal of_Clause 9.4.2 of Chapter 9 of the National Coal Wages Agreement-IV, it is clear that the dependant for the purpose of employment would be the wife/husband as the case may be, unmarried daughter/son, and legally adopted son. After decree passed by the Civil Court, there is no dispute that the petitioner is the legailyadopted son. In view of the foregoing, case of the petitioner ought to have been considered in the ietter and spirit, which has not been done. (5) Accordingly, the respondent authorities are directed to consider the case ofthe petitioner in accordance with the provisions ofthe Nationai Coal Wages Agreement-IV for grant of employment within a period of six weeks from the date of receipt of a copy of this order. (6) For the reasons stated hereinabove, the petition is allowed to the extent indicated above. No order asto costs. •- — SdA /: .•.:.:"' ~:" Satish K.Agniiibtri Judge Tumane