Facts
Anshu Oraon, an employee of Central Coal Fields Limited (“CCL”), died in service on 03.08.2023. His mother, Anita Devi, applied for compassionate appointment for her unmarried daughter, Smrity Kumari, under Clause 9.3.0 of the National Coal Wage Agreement-XI (“NCWA-XI”). CCL rejected the request on the ground that an unmarried sister was not included within the definition of a dependent under the then-prevailing NCWA-XI
Source reference: para. 2; para. 10(i)–(iii)On 11.06.2024, during the currency of NCWA-XI, the Standardization Committee of JBCCI modified the definition of “dependent” and included an unmarried sister for purposes of compassionate appointment. The petitioners submitted a fresh application on 18.06.2024 and another on 24.07.2024, both within the prescribed period of eighteen months from the employee’s death
Source reference: para. 3; para. 10(iv)–(v)CCL nevertheless rejected the claim on the ground that the amendment operated prospectively and was not applicable because the employee had died before 11.06.2024. The rejection was upheld by the appellate authorities
Source reference: para. 10(vi)–(vii)Issues
Whether the petitioner no. 2, being the unmarried sister of the deceased employee, was entitled to consideration for compassionate appointment under Clause 9.3.0 of NCWA-XI after the amendment dated 11.06.2024?
Source reference: para. 9(i)Whether the amendment introducing an unmarried sister within the definition of “dependent,” though prospective, could apply to an application made during the currency of NCWA-XI and within the prescribed period of eighteen months from the employee’s death?
Source reference: para. 9(ii)–(iii)Whether the minutes of the fourth meeting of the JBCCI Standardization Committee dated 09.12.2024 supported the respondents’ rejection of the petitioners’ claim?
Source reference: para. 9(ii); para. 17(ii)Law Applied
The Court applied Clause 9.3.0 of NCWA-XI, which governs compassionate appointment and was operative from 01.07.2021 to 30.06.2026
Source reference: para. 10(ii)It held that Implementation Instruction No. 16 dated 11.06.2024 modified the definition of “dependent” to include an unmarried sister and became part of NCWA-XI from its date of issuance
Source reference: paras. 11–12The amendment operated prospectively, meaning that it governed applications and consideration made on or after 11.06.2024; it did not require the employee’s death to have occurred after that date
Source reference: paras. 14–15The Court further applied the eighteen-month limitation period under NCWA-XI for submitting an application for compassionate appointment
Source reference: para. 13The Division Bench decision in LPA No. 533 of 2024 was distinguished because it concerned an instruction issued after expiry of the relevant NCWA, whereas the present amendment was issued during the currency of NCWA-XI
Source reference: para. 16The decision in Secretary to Government, Department of Education (Primary) v. Bheemesh @ Bheemappa , (2021) 20 SCC 707, was held inapplicable on the facts
Source reference: para. 16Reasoning
The Court found that the amendment dated 11.06.2024 was prospective but nevertheless formed part of NCWA-XI while that agreement remained in force
Source reference: paras. 11–12Therefore, from 11.06.2024 onward, an unmarried sister fell within the category of eligible dependants under Clause 9.3.0.
Source reference: no citationThe petitioner’s fresh application dated 18.06.2024 was made after the amendment came into operation and within eighteen months of the employee’s death on 03.08.2023
Source reference: para. 14The Court held that applying the amendment to such an application did not give it retrospective effect; it merely applied the prevailing policy to a pending and timely claim.
Source reference: no citationSince the amended definition was operative when the application was made, CCL could not reject the claim solely because the employee had died before 11.06.2024
Source reference: paras. 14–16Holding
The Court answered all issues in favour of the petitioners. It held that the petitioner no. 2’s claim for compassionate appointment was justified, that the amendment dated 11.06.2024 applied to her application because it was made during the currency of NCWA-XI, and that the application was within the prescribed eighteen-month period
The rejection orders dated 22.05.2024, 22.08.2024 and 19.03.2025 were quashed and set aside
Source reference: para. 18CCL was directed to issue an appointment letter to the petitioner no. 2 within six weeks from receipt or production of the judgment
Source reference: para. 19Original Court PDF
ANITA DEVIvsCENTRAL COAL FIELDS LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR
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