Facts
The petitioner’s father, Ramprasad, died while in service with the respondents on 24.09.2012
Source reference: p. 1Following his death, his widow (the petitioner’s mother) was neither granted dependent employment nor monetary compensation before her own demise on 07.01.2014
Source reference: p. 1-2The petitioner subsequently sought dependent employment, which the respondents rejected in 2017
Source reference: p. 2In a previous round of litigation (WPS-4294-2018), the High Court of Chhattisgarh ruled on 03.07.2018 that while the petitioner was ineligible for dependent employment, she maintained the liberty to claim monetary compensation
Source reference: p. 2The petitioner’s subsequent claim for compensation was rejected by the respondents via an impugned order dated 23.10.2018, leading to the present writ petition
Source reference: p. 2Issues
Whether the petitioner, as a female dependent, is entitled to monthly monetary compensation under the provisions of the National Coal Wage Agreement (NCWA)-IX
Source reference: p. 2-4Law Applied
The Court primarily applied the provisions governing social security benefits within the National Coal Wage Agreement-IX (NCWA-IX)
Source reference: p. 3Specifically, it relied on Clause 9.5.0, sub-clause (iv), which mandates that monthly monetary compensation at the rate of ₹6,000/- is payable to a female dependent in the event of an employee's death in harness or due to medical unfitness, effective from 01.05.2008
Source reference: p. 3-4Reasoning
The Court examined the structural provisions of NCWA-IX, noting that the agreement explicitly provides for financial alternatives when dependent employment is not viable
Source reference: para. 6The Court observed that the petitioner’s father died in harness and his widow passed away before receiving any benefits
Source reference: para. 2, 7Applying sub-clause (iv) of Clause 9.5.0 to these facts, the Court reasoned that the petitioner, as a female dependent, falls squarely within the protected category entitled to the fixed monthly compensation of ₹6,000/-
Source reference: para. 7The Court found the respondents’ rejection of the claim to be perverse and contrary to the record, especially given that the Court had previously reserved the petitioner’s right to seek such compensation in WPS-4294-2018
Source reference: para. 3, 7Consequently, the Court determined that the respondents were unjustified in denying the claim under the existing wage agreement framework
Source reference: para. 7Holding
The High Court allowed the writ petition and set aside the impugned order dated 23.10.2018
The Court held that the petitioner is entitled to monthly monetary compensation as a female dependent under Clause 9.5.0(iv) of NCWA-IX
Source reference: para. 7The respondents were directed to pay the said compensation effective from the date the petitioner submitted her application, 07.08.2018
Source reference: para. 7No costs were awarded
Source reference: para. 8Original Court PDF
SMT. AMARESH RAJWADEvsSOUTH EASTERN COALFIELDS LIMITED
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