Basmatiya Devi Vs. Central Coal Fields Ltd. and ors. - Court Judgment

Excerpt:
- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. order1. heard learned counsel for the parties. 2. petitioner seeks employment of her son on account of death of her husband, which took place during his service period. petitioner's husband was working as time rated worker in kedla under ground project of the respondents. he died on 23.7.95. after his death, petitioner applied for appointment on compassionate ground as per clause 9.3.2 of n.c.w.a-iv. the application of the petitioner was rejected by the respondents on 17.1.97 holding that since petitioner is 57 years of age she would be entitled to monetary benefit only, as per clause 9.5.0 n.c.w.a-v. petitioner then made an application for appointment of her son who was aged about 15 years at the time of death of his father and now attained the age of 18 years. respondents neither paid compensation to the petitioner nor provided employment to her son as per clause 9.5.0 of n.c.w.a-v. 3. clause 9.5.0. inter alia provides that in case of death of an employee due to mine accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and the male dependent of the concerned worker is 15 years and above in age he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. during the period the male dependent is on live roster, the female dependent will be paid monetary compensation as per rates provided in the said agreement. 4. admittedly, the petitioner's son was aged about 15 years at the time of death of his father. the claim of the petitioner that when her claim for appointment was rejected y the respondents on the ground that she was aged 57 years it was incumbent upon the respondents to consider the case of her son for giving him employment as at the time of death of his father he was aged about 15 years. 5. for the aforesaid reasons, i dispose of this writ application with a direction to the respondent particularly respondent no. 3 to consider the case of the petitioner's son for his employment under clause 9.5.0 of the n.w.a-v and take final decision within a period of six weeks from the date of receipt/production of copy of this order.

Judgment:
ORDER

1. Heard learned counsel for the parties.

2. Petitioner seeks employment of her son on account of death of her husband, which took place during his service period. Petitioner's husband was working as time rated worker in Kedla Under Ground Project of the respondents. He died on 23.7.95. After his death, petitioner applied for appointment on compassionate ground as per clause 9.3.2 of N.C.W.A-IV. The application of the petitioner was rejected by the respondents on 17.1.97 holding that since petitioner is 57 years of age she would be entitled to monetary benefit only, as per clause 9.5.0 N.C.W.A-V. Petitioner then made an application for appointment of her son who was aged about 15 years at the time of death of his father and now attained the age of 18 years. Respondents neither paid compensation to the petitioner nor provided employment to her son as per Clause 9.5.0 of N.C.W.A-V.

3. Clause 9.5.0. inter alia provides that in case of death of an employee due to mine accident or for other reasons or medical unfitness under Clause 9.4.0, if no employment has been offered and the male dependent of the concerned worker is 15 years and above in age he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependent is on live roster, the female dependent will be paid monetary compensation as per rates provided in the said agreement.

4. Admittedly, the petitioner's son was aged about 15 years at the time of death of his father. The claim of the petitioner that when her claim for appointment was rejected y the respondents on the ground that she was aged 57 years it was incumbent upon the respondents to consider the case of her son for giving him employment as at the time of death of his father he was aged about 15 years.

5. For the aforesaid reasons, I dispose of this writ application with a direction to the respondent particularly respondent No. 3 to consider the case of the petitioner's son for his employment under Clause 9.5.0 of the N.W.A-V and take final decision within a period of six weeks from the date of receipt/production of copy of this order.