AP/< 3U --i.. fflGH COURT OF CEOEIATTISGARH AT BHASPUR WM3LPETITION fSV No. 5074 of2006 PETmPNER RESPONDENTS Ku. Shiv Kumari D/o. Late Jai Karan Moflier- Late Jeera Bai aged about 18 years R/'o Village Meko, Post Baikuntfapur Distt. Koria (C.O.) At present R/o Village Sardi (Pandopa»), Post Charcha Colliery, P.S. Charcha Collieiy, Tahsil Baikuatiipur, Distt. Koria (C.G.) VERSUS : 1. Soufh Eastem Coalfields Limited Through: Chief General Manager S.E.C.L. BaikuaApur area, Baikunthpur Distt. Koria (C.G.) 2. Sub-Area Manager S.E.C.L. Charcha East Colliery Tahsil Baikunthpur, Distt. Koria (C.G.) 3. Persoiinel Manager (Kanuik Pratandhak) (Shram Shakti) S.E.C.L. Bilaspur (C.G.) WRTT PETmON UNDER ARTICLE 226327 OF THE CONSTrTUTION OF INDIA. Smele Bench: Hon'ble Justice Saui Satish K. AsBiihotri, Present: Shri D.N.Prajapati; Advocatefortiie petitioner. Shri H.BAgrawal, Sr. Advocate wi& Shn J.K.Gapta, Advocate for the respondents. ORDER (Passed on 3rt day ofMay, 2007) 1. As per policy under National Coal Wages Agreement, Chapter 9 "Social Seeurity", clause 9.3,0 makes provisions for employment to the dependents of the workers who are disabled pennanently and also those who die while m service. Clause 9.5,0 deals with employment/monetary compeasation to female dependents. ClaAse 9.5.0 provides for eifher employment to tiie female dependent or payment of monetary compensation at the rate of Rs. month, /- per wssysysgs^ THe application dated 21.05.2005 (Annexure P/6) filed by the petitioner, was rejected on the ground that she was under age for employment. In that event, the petitioner ought to have been provided monetary compensationasperelause 9.5.0 (ii) and(iii) of Chapter 9 ofthe National Coal Wages Agreement. It is beneficial to •\ quote the relevant provisions: &- <6'9.3.0 Provision ofEmployment to Dependants 9.3.1 Employnient would be providedto ofle dependant of workers who are disabled permanenlly and also those who die while in service. The provisions will be implemented asfbliows: 9.3.2 Employmeht to one dependant of (he worker who dfes whfle in service In so far as female dependants are concemed, their employment/payment ofmonetary compensation would be lovemed by pwa 9,5.0, 9.5.0 Employment/Monetary compensation to female dependant (ii) In case of death/total permanent disableBient due to cause other tfaan mine accident and medical unfiteess under Clause 9.4.0, ifthe female dependant is below the age of45 years, she will have the option eitiber to accept the monetaiy compensatioa of KJS. 30QQ/- per month or employment. In case offemale dependant is above 45 years of^e she will be eatitled only to monetary conipensation and notto employment. (iii) In case of death either in mine accident or for other reasons or medical unfitness under Glause 9.4.0, ifno employment has been offered and tiie male depeadaat ofthe ooncemed worker is 12 yearsand above in age, he will be kept on a live roster snd would be provided employment commensurate with his skili and qua!ij5cations when he atttiins tiie age of 18 years. During tiie period the male dqiendaat is on livc roster, the female dependant will be paid monetary compensation as per ratesat paras (i) an<d (ii) afeove. This vrilt be^ffective from 1,1 .^ » Amit 3. Admittedly, the petitioner is Ifae daughterofthedeceasedemployee i.e, Smt. Jeera Bai who died in hamess. In view of the clear provisions oflaw; the petitioner is entitled to either employment or monetaiy compensation. Accordingly, the respondents are directed to eonsider the ease of the petitioner for employnient, if she has attained majority or for payment of monetary compensatioa as per N.C.W.A. within a period oftwo months from the date ofreceipt of a copy ofthis order. - 4. In view ofth& above, the petition is accordingly allowe4. No order as to costs. Sd/- SatishK. Agnihotri Judge