Case: Balbir Kaur  Vs. Steel Authority Of India Ltd.

the Orissa High Court in the judgment impugned held that by reason of introduction of Family Benefit Scheme in terms of NJSC Tripartite Agreement in 1989, question of compassionate appointment would not arise - the appellant herein contended that by reason of clause 8.14.1 in the 1989 Agreement; the requirement of compassionate appointment cannot possibly be given a go bye : It is an existing obligation and has been expressly saved. The appellant contended that having regard to constitutional obligation as regards Egalitarian society, the issue of compassionate appointment cannot and ought not to be trifled with - the question therefore does not seem to be so simple as suggested by Mr. Bhasme, the learned Advocate appearing for the respondents and the issue undoubtedly is one of the `live issues to be decided by this Court, more so having regard to the constitutionalbe it noted that the appeal No. 11882 of 1996 (Smt. T.K. Meenakshi and another v. Steel authority of India Ltd. and others) has been tagged on to the main appeal as argued before this Bench (CA No. 11881 of 1996 : Balbir Kaur and another v. Steel Authority of India Ltd. and others) by reason of the consideration of the issue pertaining to the Family Benefit Scheme but the factual contexts are however at variance and it is in this perspective we deem it fit to advert to the factual matrix of both the mattersCivil Appeal No. 11881 of 1996 (Balbir Kaur and another v. Steel Authority of India and others) it appears that the appellants before this Court are the dependants of a deceased employee Hari Singh, who happened to be a technician working in the department of Captive Power Plant-II belonging to Steel Authority of India. The deceased employee was admitted to Ispat General Hospital on 4th August, 1992 and was treated for cancer till 24th September, 1992. At the same hospital the deceased employee however underwent surgery and subsequent thereto the latter was advised to undergo treatment at Meharbhai Tata Memorial Hospital and accordingly was admitted therein on 25th September, 1992 but was discharged on 10th November, 1992 when he was asked to report further on 7th December, 1992. The employee Hari Singh, however, expired on 22nd November,factual score in the matter in issue depicts that on 22nd January, 1993 a request for compassionate employment to the appellant No. 2, who is the holder of a valid heavy vehicle driving licence, was made but unfortunately of no effect. Having, however, being denied of any consideration, the appellant herein moved the High Court and the latter upon a reasoned judgment negated the plea as raised in the writ petition before the High Court and hence the appeal before thisother appeal (T.K. Meenakshi and another v. Steel Authority of India : CA No. 11882 of 1996) though pertain to the similar issue of Family Benefit Scheme, but since the factual score is at variance with Balbir Kaurs matter, it would be convenient to advert to the same briefly at this juncture. The appellants herein are the dependants of one M. Kesavam the deceased employee of respondent No. 1. Kesavam during his life time was working as an operator in Coke Oven (Operation) of Rourkela Steel Plant of the Steel Authority of India. The appellant No. 1 being the wife of the deceased employee developed certain complications after a surgery at Ispat General Hospital and was advised to proceed to Christian Medical College, Vellore vide movement order dated 3rd January, 1994. The Service Conduct Appeal Rules read with Circular issued from time to time by the respondent No. 1, entitle a lady patient for an escort as also travelling allowance and in terms therewith the deceased employee applied for grant of advance travelling allowance for himself as an escort and his wife as patient and was sanctioned an advance travelling allowance of Rs. 3280-. The factual score depicts that the appellant No. 1 being accompanied by the deceased employee went to Vellore for medical treatment on 20th January, 1994 but whilst at Vellore the deceased employee fell ill somewhat seriously by reason wherefore the latter was admitted at the Christian Medical College Hospital at Vellore on 25th January, 1994 and on 28th January, 1994 the deceased employee breathed his last. The factual aspect therefore depicts rather a sad and dismal picture - a person with a desire to have his wife treated at the Christian Medical College Hospital, goes to Vellore and there dies within three days after admission to theis on this count that the widow of the deceased employee made a request to the Steel Authority of India for providing compassionate employment to the appellant No. 2 since the bread-earner of the family unfortunately met with pre-mature death resulting into untold financial sufferings for the entire family. The representations went unheeded by reason wherefore a writ petition was moved before the High Court. The decision of the High Court as noticed above upheld the validity of the Family Benefit Scheme and answered the question of compassionate employment in the negative by reason of introduction of such a scheme. It is this order which has been impugned in this appeal before this Court and since issues involving in both these two matters being indentical as dealt with presently this matter has been tagged on to the other matter of Balbir Kaur as notedhowever, embarking on an inquiry in regard thereto it would be convenient to note however the necessary provisions of the NJSC Tripartite Agreement of 1983 as also of 1989. The same are set out herein belowAgreement, 1983"Cl. 7.16 : Employment.Employment would be provided to one dependent of workers disabled permanently and those who meet with death. One dependant of the retiring employee would be provided employment, but in case of TISCO, the same would be subject to their Certified StandingTripartite Agreement :Cl. 8.10.4 : In case of death due to accident arising out of and in course of employment, employment to one of hisher direct dependants will be provided.Cl. 8.10.5 : A Scheme would be introduced by NJCS for employees who die while in service or who suffer from permanent total disablement to receive monthly payments after the deathpermanent total disablement of the employees, in case the widowemployees deposit P.F. amount and Gratuity dues with the Companys separate trust constituted for this purpose. When finalised, the Scheme would be effective from 1.1.1989.Cl. 8.14.1 : Benefits provided under the previous NJCS Agreement will continue, unless otherwise specified in this Agreement.Cl. 8.14.2 : Merely as a consequence of the implementation of this Agreement any facility, privilege, amenity, benefit, monetary or otherwise or concession to which an employee might be entitled by way of practice or usage, shall not be withdrawn, reduced or curtailed except to the extent and manner as provided for in thisemployer being Steel Authority of India, admittedly an authority within the meaning of Article 12 has thus an obligation to act in terms of the avowed objective of social and economic justice as enshrined in the Constitution but has the authority in the facts of the matters under consideration acted like a model and an ideal employer. It is in this factual backdrop, the issue needs an answer as to whether we have been able to obtain the benefit of constitutional philosophy of social and economic justice or not. Have the lofty ideals which the founding fathers placed before us any effect in our daily life - the answer cannot however but be in the negative - what happens to the constitutional philosophy as is available in the Constitution itself, which we ourselves have so fondly conferred on to ourselves. The socialistic pattern of society as envisaged in the Constitution has to be attributed its full meaning. A person dies while taking the wife to a hospital and the cry of the lady for bare subsistence would go unheeded on certain technicality. The bread earner is no longer available and prayer for compassionate appointment would be denied, as "it is likely to open a Pandoras Box" - This is the resultant effect of our entry into the new millennium. Can the law Courts be a mute spectator in the matter of denial of such a relief to the horrendous sufferings of an employees family by reason of the death of the bread-earner. It is in this context this Courts observations in Dharwad Distt. PWD Literate Daily Wage Employees Assn. and others v. State of Karnataka and others, 1990(2) SCC 396 seem to be rather apposite. This Court upon consideration of Randhir Singh v. Union of India, 1988(1) SCC 122 as also Surinder Singh v. Engineer-in-Chief, 1986(1) SCC 639; and D.S. Nakara v. Union of India, 1983(1) SCC 305 observed in paragraphs 14 and 15 as belowWe would like to point out that the philosophy of this Court as evolved in the cases we have referred to above is not that of the Court but is ingrained in the Constitution as one of the basic aspects and if there was any doubt on this there is no room for that after the Preamble has been amended and the Forty-second Amendment has declared the Republic to be a socialistic one. The judgments, therefore, do nothing more than highlight one aspect of the constitutional philosophy and make an attempt to give the philosophy a reality of flesh and blood.15. Jawarharlal Nehru, the first Prime Minister of this Republic while dreaming of elevating the lot of the common man of this country once stated :"Our final aim can only be a classless society with equal economic justice and opportunity to all, a society organised on a planned basis for the raising of mankind to higher material and cultural levels. Everything that comes in the way will have to be removed gently, if possible; forcibly if necessary, and there seems to be little doubt that coercion will often bewere his prophetic words about three decades back. More than a quarter of century has run out since he left us but there has yet been no percolation in adequate dose of the benefits the constitutional philosophy stands for to the lower strata of society. Tolstoy wroteabolition of slavery has gone on for a long time. Rome abolished slavery. America abolished it and we did but only the words were abolished, not thewhat Tolstoy wrote about abolition of slavery in a large sense applies to what we have done to the constitutional ethos. It has still remained on paper and is contained in the book. The benefits have not yet reached the common man. What Swami Vivekananda wrote in a different context may perhaps help a quicker implementation of the goal to bring about the overdue changes for transforming India in a positive way and in fulfilling the dreams of the Constitution fathers. These were the words of the Swamiis imperative that all these various yogas should be carried out in practice. Mere theories about them will not do any good. First we have to hear about them; then we have to think about them. We have to reason the thoughts out, impress them on our minds and meditate on them; realise them, until at last they become our whole life. No longer will religion remain a bundle of ideas or theories or an intellectual assent; it will enter into our very self. By means of an intellectual assent, we may today subscribe to many foolish things, and change our minds altogether tomorrow. But true religion never changes. Religion is realisation; not talk, nor doctrine, nor theories, however beautiful they may be. It is being and becoming, not hearing or acknowledging. It is the whole souls becoming changed into what it believes. That isa matter of fact the constitutional philosophy should be allowed to become a part of every mans life in this country and then only the Constitution can reach everyone and the ideals of the Constitution framers would be achieved since the people would be nearer the goal set by the Constitution - an ideal situation but a far cry presently.

Reasoning:
Turning on to the factual aspects once again, it is not that compassionate appointments have never been effected. Steel Authority of India was in fact providing compassionate employment to one dependant of an employee dying in harness or permanently disabled. As a matter of fact on 22nd September, 1982 the respondent-Steel Authority, further issued the Circular pertaining to appointments on compassionate grounds. The Circular however for the first time introduced categorisation of compassionate employment as First Priority Cases; Second Priority Cases and Third Priority Cases.any event as appears in the contextual facts, the NJCS Agreement being a Tripartite Agreement expressly preserves the 1982 circular to the effect that any benefit conferred by the earlier circular shall continue to be effective and on the wake of the same we do not see any reason to deny the petitioner the relief sought for in the writthe wake of the aforesaid, we do feel it convenient to record that the option should have been made available either to have a compassionate appointment provided, however, the deceased employees representative is otherwise competent to hold the post or the adaptation of the family pension fund by way of deposit of provident fund and gratuity amounts. In fact, however, there was no option taken from the employees, at least no records have been produced therefor, neither any submissions made in that regard. Mr. Bhasme further pointed out that though the present appeals related to two individual cases but any interpretation contrary to the one canvassed by the respondent "is likely to open a Pandoras box" since in the huge "empire" of the respondent, several such cases would be existing which would have to be reconsidered.