2025:JHHC:32602 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No. 4726 of 2017 --------- Employer in relation to the Management of B&K Area of Central Coalfields Limited, having its office at Kargali, P.O. & P.S. - Bermo, District - Bokaro, through its General Manager Sri Ram Vinay Singh, son of late Ram Prashad Singh, residing at G.M. Bungalow, Kargali, P.O. & P.S. Bermo, District - Bokaro (Jharkhand). ......Petitioner Versus The Workman represented through Coalfields Mazdoor Union, having its registered office at Kargali Bazar, P.O. & P.S. - Bermo, District - Bokaro (Jharkhand) through its Area Vice President (CMU) of B&K Area Sri Binod Kumar Agarwal. .....Respondent --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Amit Kumar Das, Advocate For the Respondent : Mrs. M.M. Pal, Sr. Advocate Mr. N.K. Sahani, Advocate --------- 07/Dated:-30.10.2025 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the award dated 18.07.2016 (Annexure-3); whereby the reference made to the Central Government Industrial Tribunal No.1, Dhanbad has been answered in favour of the respondent by directing the management to give employment to Rabia Khatoon, who was dependent of Late Md. Idris, who was a workman of G.M. Unit B&K Area of M/S CCL and he died while in service. 3. From impugned order, it appears that a reference was made to the Government as follows: “Whether the demand of the Union from the management of G.M.Unit B&K Area of M/S CCL to provide employment to Rabia Khatoon, dependent daughter of Late Md Idris, deceased workman of G.M. Unit B & K Area under the provision of Para 9.4.2 of NCWA is legal and 2025:JHHC:32602 2 justified? If so, to what relief is the said Rabia Khatoon entitled?” 4. Learned counsel for the petitioner submits that the award is cryptic in nature, inasmuch as, in the first eight paragraphs, the learned tribunal has given facts and submission of the party and without giving any reasoning; in para 9 and para 10, has directed the management to give employment to Rabia Khatoon, who was unmarried daughter of the deceased employee. He further submits that from the trial court record it is clear that the concerned Rabia Khatoon was aged about 5 years as on 01.04.1987 which is clearly indicated in family excerpts of the management duly signed by the deceased workman and the date of death of the deceased employee was 03.11.1998, as such, Rabia Khatoon was only 16 years at the time of death of the deceased employee. He further contended that Rabia Khatoon never applied for compassionate appointment and as per the NCWA, on the one hand, the claimant for compassionate appointment should be more than 18 years and on the other hand, he/she must apply within a stipulated period and both the conditions are missing in the instant case; as such, the learned tribunal has failed to appreciate all these aspects and directed the petitioner management to give her employment. 5. Per contra, Ld. Sr. Counsel for the workman submits that initially after the death of the deceased workman, his son-in- law applied for compassionate appointment; however, when his 2025:JHHC:32602 3 case was rejected on the ground that his name was not mentioned in the family excerpts as a dependent, he filed an appeal which was also rejected and thereafter, since the concerned Rabia Khatoon attained the age of majority she is entitled for compassionate appointment; as such, there is no error in the award in view of the fact that admittedly the deceased workman died while in service and as per the NCWA, unmarried daughter is also entitled for compassionate appointment and when the case of the son-in-law of the deceased employee was rejected she was well within the age of majority; as such, the respondents be directed to give compassionate appointment to Rabia Khatoon. 6. In alternative, Ld. Sr. Counsel submits that if at all due to some reason or the other, and/or due to the technicalities of the terms of NCWA; if Rabia Khatoon is not given an appointment, then certainly, she would be entitled for compensation as per the 9.5.0 of NCWA. 7. Having heard learned counsel for the parties and after going through the documents available on record and the impugned award, few facts are admitted. Rabia Khatoon never applied for compassionate appointment; rather she raised an industrial dispute claiming compassionate appointment wherein reference was made in the year 2004 and certainly by that time the very purpose of compassionate appointment becomes frustrated. 8. It is also an admitted fact that from family excerpts, 2025:JHHC:32602 4 which is part of the Trial Court Record, it is clear that the daughter of deceased employee namely Rabia Khatoon was five years as on 01.04.1987 and accordingly, at the time of death of the deceased employee, she was only 16 years. It is also an admitted fact that the wife of the deceased employee also died in May 2022, as such, Rabia Khatoon is the only legal heir of the bereaved family apart from the married daughter. 9. It is also not in dispute that there was no provision in the concerned NCWA to keep a minor daughter in live roster though there is a clear-cut provision of keeping a minor son in live roster. Though, it is observed that there should not be any discrimination between male and female, however, this Court cannot go into that aspect; rather, since the claim of compassionate appointment is being claimed on the basis NCWA, therefore, this Court will have to go as per the terms and conditions of the NCWA. 10. Admittedly, as stated hereinabove, the said Rabia Khatoon was minor at the time of death of the deceased employee and further she never applied, at least, till rejection of the appeal of the son-in-law and this is also a fact that the compassionate appointment is being given for immediate relief to the bereaved family which is certainly not available in the year 2025. Therefore, this Court cannot extend the benefit of compassionate appointment to Rabia Khatoon. 2025:JHHC:32602 5 11. However, since there is a specific provision under 9.5.0 of the NCWA which deals with payment of compensation to the female dependent until the age of marriage. As such, this Court is inclined to give such benefit. Though, there is no specific prayer made in para 1 (a) for giving any monetary compensation, but this Court by going through prayer no. 1 (b), is inclined to give monetary compensation after accepting the submission of Ld. Sr. Counsel for the petitioner. 12. Having regard to the aforesaid discussion, the impugned order is quashed and set aside. However, the concerned Rabia Khatoon is directed to make an application along with an affidavit showing her marital status along with Adhar Card, Voter ID etc. before the General Manager, G.M. Unit B&K Area of M/S CCL as early as possible. The moment any application/representation for payment of compensation is made by Rabia Khatoon, the concerned officer shall verify the record of the case and pay the compensation strictly in accordance with the terms of the NCWA and the existing rules within a period of 12 weeks from the date of receipt of such representation. 13. It goes without saying that the concerned officer will calculate the amount of compensation only till the age of marriage of the daughter of the concerned deceased employee and as stated in para 17 of the counter affidavit that she has not married till date, then certainly she will get the compensation. 2025:JHHC:32602 6 14. Accordingly, the instant application stands disposed of in the manner as indicated hereinabove. 15. Let the trial court record be sent back to the court concerned forthwith. (Deepak Roshan, J.) OCTOBER 30, 2025 vikas/- AFR uploaded 06/11/2025