A single judge bench of the Jharkhand High Court, comprising Justice Deepak Roshan, while deciding a Writ Petition held that the wife of a deceased employee is entitled for compensation from the date of employee's death, regardless of whether an application for compensation was submitted or not.
Background Facts
The deceased BCCL employee worked as a Tyndal in the Ropeways Division. He had no children from his first marriage but later married a second wife, with whom he had one daughter and two sons. He passed away while employed on January 27, 2007. Following his death, both wives applied for benefits under the National Coal Wage Agreement (NCWA). The second wife's application, submitted on June 5, 2007 under para 9.3.2 of NCWA-VIII, was denied due to her status as the second wife.
The employer informed the first wife on July 4, 2007 that, being over 45 years old, she did not qualify for benefits under para 9.3.2 of NCWA-VIII. While acknowledging her entitlement to monetary compensation, she did not apply for it. In 2008, she requested consideration of employment for her 12-year-old stepson under para 9.5.0.(III) of NCWA-VIII. This clause mandates employment for a male dependent aged 12-18 years upon reaching 18, with females entitled to compensation.
The employer failed to provide employment to the stepson, prompting a writ petition from the first wife and stepson. They argued that the stepson's employment was a legal right under NCWA-VIII, emphasizing parity with acknowledged monetary compensation. The employer countered that compensation to the first wife fulfilled their obligations and that further employment benefits for the stepson were unwarranted, citing absence from service records as justification.
Findings of the Court
It was acknowledged by the court that second marriages were not legally recognised for employment benefits. It was held that the second wife's claim for employment was invalid because she was the second wife of the deceased employee. The provisions of NCWA-VIII were examined by the court and it was found that the first wife, being over 45 years of age, was not eligible for employment as per NCWA-VIII.
It was observed by the court that the monetary compensation provided to the first wife did not negate the possibility of offering employment to the stepson. It was observed that, as per 9.5.0.(iii) of NCWA-VIII, the employer was under obligation to provide employment to the minor child upon reaching majority, and during the said period, provide the monetary benefit to the widow.
It was observed by the court that the first wife did not apply for monetary compensation till date. It was held that it was unfair on the part of the employer to contend that now monetary compensation could not be provided since she had not applied for it and further stepson was not entitled for employment. It was held that the employer could have rejected the claim of the first wife for keeping her stepson for employment.
The employer was directed to pay the monetary compensation to the first wife from the date of death of the deceased employee until the date of attaining the age of 60 years, as per 9.5.0 (iii) of NCWA-VIII. The case of Gangia Devi vs. BCCL was relied upon, wherein it was held by the Supreme Court that wife of the deceased employee will be entitled to monetary compensation from the date of employee's death, irrespective of whether the application for such monetary compensation was submitted or not.
The employer was further directed to extend employment to the stepson, who had reached majority. With these observations, the Writ Petition was allowed.
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