;) ^V/ HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 2103 of 2002 Petitioner Dalsai S/o Nanka, aged about 31 years, R/ o Sadak Dafai, Haldibadi, Chimiui CoUieiy, Distt.- Korea (C.G.). Versus Respondents ; 1. Union of India Through-Secretaiy, Miaistry ofCoal, Govt. oflndia, Shastri Bhawan, New DeUii. 2. South Eastem Coalfields Ltd., Through its CMD, Seepat Road, BUaspiir(C.G.). 3. General Manager, SECL, Chirmiri CoUiery, Korea (C.G.). 4, Chief Personal Manager, N.C.P.H. Comery, Chirmiri Area, Korea (C. G.) . Single Beach: Hon'ble Mr. Justice Satish K. Agaihotri Shri Pairkaj Shrivastava, counsel for the petitioner. Shri S.K, Benwal, Standing counsel for the Union of India/respondent No. 1. None for fhe respondent No. 2 Shri H.B. Agrawal, Senior counsel with Shri Pankaj Agrawal, counsel for the respondent No. 3 and 4. ORAL ORDER (19thJanuaiy, 2006) 1. Leamed counsel for the petitioner subinits that father of the petitioner namely Nanka, who was working as Regular Line Majdoor Category-I (Khalasi) sfaice 15.11.1967 m. New Chinuiri Ponri HUl CoBieiy of Soufh Eastem Coat&elds Limited, inet wifh an. accident on 26.2.1991 while worfcing and he was declared inedicatly unfit and pennanenfly disabled. -——--—--___ r>.. As per clause 9.3.0 of fhe National Coal Wages Agreeiuent, one dependaut ofworkers, who have been. declared pemianently disabled and also fhose who died while iu fhe service, are entitled to eiaployineat. Para 9.3 reads as under:- "9.3.0 Provision of einployiaent to dependaats. 9.3.1 Eiaployinent would be provided to one dependant ofworkers who are disabled pennanenfly aad also fhose who die while in service. The provision wffl be iiupleiuented as foUows. 9.3.2 Einploynieut to one dependaat ofthe worker who dies while ui service. In so far as feniale dependants are concemed, their einployicent/payinent of nionetery compensatioa would be ;overued by para 9.5,0 9.3.3 The dependant for this purpose ineans flie wife/husbaad as fhe case inay be uiunanied daughter, son aud legatly adopted son. If no such direct dependant is available for einployinent, younger brofher, widowed daughter/widowed daughter-in-law or son-in-law residing with fhe deceased and ahnost whoUy dependant on the earrings of fhe deceased Buay be considered to be the dependants ofthe deceased. 9.3.4 The dependaats to be considered for eniployment should be physicatly fit and suitable for einployinent and aged not laore fhan 35 years provided fhat the age Uiuit ia case of eniployinent of feinale spouse is would be 45 years as given in clause 9.5.0. In so far as inale spouse is conceraed, there would be no age 1imit regarding provision ofeinployinent." Since father of ftie petitioner was declared permaiienfly disabled on 10/11.4.1991 (AnnexuTe P-4), the petitioner as per the provision of fhe National Coal Wages Agreeinent being dependant of Shri Nanka, was entitled to einployinent in the respondents No. 2, 3 aad 4 project. Leamed counsel for the petitioner subinits that fhe petitioner was suitable for craploynient in view of his quaUfication, age ete. The respondents No. 2 to 4 in their af&davit have adnutted fhat the petitioner had subniitted af&davit aad ofher docunients relating to his !?.:^^ ^c^- relations, certificate, photograph etc. aad the petitioner is entifled to be appointed as per National Coal Wages Agreeinent. 5. Leamed couusel. for fhe i-espondents No. 2 to 4 subinits fhat fhe petitioner has inade an application for einployinent veiy late on 4,9.2004. 6. In view of fhe adiaitted facts ofboth fhe parties as stated above, the respondents are directed to consider the appUcation of fhe petitioner dated 4.9.2004, in accordaace wifh law, ia the light offhe provisious of the National Coal Wages Agreeinent. 7. Tbe writ petition is accordirigly aUowed. No order as to costs. Sd/- Satish K. Agnihotri Judge >£tb],U