1 2026:CGHC:16663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2363 of 2021  Smt. Vijay Laxmi Sahu W/o Late Anup Sahu Aged About 53 Years R/o 1 - B /89 Pump House SECL Colony District Korba Chhattisgarh. ... Petitioner(s) versus 1. South Eastern Coal Field Ltd. Through Its Chairman Cum Managing Director, Seepat Road, Bilaspur Chhattisgarh. 2. Chief Manager (Karmik Evam Shram Shakti) SECL, Bilaspur, District Bilaspur Chhattisgarh. 3. The Regional Personnel Manager, SECL, Korba Area, District Korba Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Parag Kotecha, Advocate For Respondents : Mr. V.R. Tiwari, Senior Advocate along with Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.04 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 To quash the order dated 27/11/2018 pass by respondent no. 3. 10.2 To direct the respondent authorities to consider the case and grant the Monetary Compensation to the petitioner as per the NCWA IX and subsequent amended and further please to direct the respondents to pay all arrears of monetary compensation since the date of death of petitioner's daughter Manisha Sahu i.e. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.04.15 10:47:17 +0530 2 27/12/2017. 10.3. Any other relief which the Hon'ble court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may awarded in favour of the petitioner” 2. Mr. Kotecha would submit that Anup Sahu husband of the petitioner was working with the respondents on the post of Mechnical Fitter and he died in harness on 04.11.2015. He left behind widow and two daughters, namely, Manisha Sahu and Preeti Sahu. Mr. Kotecha would submit that Manisha Sahu applied for dependent employment and it was provided, but unfortunately she died on 27.12.2017, and thereafter, the petitioner herein moved an application for monetary compensation according to the provisions contend in National Coal Wage Agreement (NCWA). He would submit that the respondent authorities have rejected it on 27.11.2018 on the ground that that the petitioner being mother of the deceased employee would not come within definition of dependent according to NCWA. Mr. Kotecha would submit that the petitioner and her daughter namely Preeti Sahu were dependent on the income of Manisha Sahu, and thus, they would come within the definition of dependent. He would pray to allow this petition. 3. On the other hand, learned Senior Advocate appearing for SECL would submit that WPS No. 6159 of 2018 was filed by the Preeti Sahu, daughter of the petitioner and the same was dismissed and a liberty was granted to the present petitioner to move an application for monetary compensation before the General Manager, Korba. He would further submit that the representation made by the petitioner was considered by the SECL authorities, and thereafter, the same was rejected on 27.11.2018. He would submit that only widow and unmarried daughter of a deceased employee is eligible for 3 monetary compensation. He would contend that instant petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Admittedly, the petitioner herein moved an application for monetary compensation according to the provisions contend in NCWA on 08.10.2018, but the same has been rejected on 27.11.2018(Annexure P/3) on the ground that according to Clause 9.5.0 of NCWA, mother of a deceased employee would not come within the definition of dependent. 6. Relevant part of National Coal Wage Agreement-IX reads as under :- "9.3.0, 9.4.0 & 9.5.0 Provision of employment/payment of monthly monetary compensation to Dependant (i) The Clauses 9.3.0, 9.4.0 & 9.5.0 of NCWA-VI will be operative in NCWA-IX till a revised scheme is jointly prepared keeping in view the various verdict of Hon'ble Supreme Court at the earliest. (ii) A Sub-committee of JBCCI will formulate a scheme keeping in view various directives of Supreme Court on the subject within three months of signing of the Agreement. (iii) Meanwhile provision of employment as mentioned at (i) above, shall be on basic wage of Cat-l as trainee for a period of 6 months. During the training period they will have the status of permanent employee. On completion of training they shall be regularized as Cat-I employee. However, those view in dependants Technical/professional qualification in BE/Diploma will be considered for appointment in higher category, keeping in vacancy. their qualification, possession suitability of and (iv) The monthly monetary compensation payable to the female dependant in case of death either in mine accident or for other reasons or medical unfitness of the employee shall be @ Rs.6000/- with effect from 1.5.2008. 4 (v) In case of death either in mine accident or due to other reasons or medical unfitness, if no employment has been offered and the male dependant of the concerned worker is 12 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 dependant is on live roster, the female dependant will be paid monetary compensation as given in (iv) above. (emphasis supplied)" 7. Perusal of the above-quoted provision would make it clear that the case of the petitioner would fall within the purview of sub-clause (iv) of Clause 9.5.0 of the NCWA IX, which clearly provides that monthly monetary compensation would be payable to a female dependent to the tune of Rs. 6,000/-. 8. Taking into consideration the above-discussed fact, the order dated 27.11.2018 (Annexure P/3) is bad in law and same is hereby set-aside. Accordingly, this petition is hereby allowed. 9. The respondents are directed to pay monetary compensation to the petitioner being a female dependent in light of sub-clause (iv) of Clause 9.5.0 of NCWA-IX from the date she made an application for the said purpose before the respondents i.e. 08.10.2018. 10. Consequently, the writ petition is allowed to the extent indicated herein- above. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant