2016 LAB. I. C. 2999 ::(2016) 3 CgLJ 98 ::ILR 2016 CHH 1471

Chhattisgarh High Court

Hon'ble Judge(s): Sanjay K. Agrawal , J

(A) Industrial Disputes Act (14 of 1947) S. 2 (p), 18 — Settlement — Binding nature — National Coal Wage Agreement (NCWA) — Is a binding ' settlement' ? — Its terms should be reasonable and fair and consistent with Arts 14, 15 of Constitution — Clause in NCWA excluding consideration of married daughter for dependent employment — Is gender biased, unreasonable and unjust and discriminatory and therefore declared void and inoperative Constitution of India, Arts 14, 15 National Coal Wage Agreement is a ' œsettlement' ? within the meaning of S. 2(p) of the Industrial Disputs Act and is binding as provided under S. 18(3) of the ID Act and having force of law and continue to remain in force unless the same is altered/modified substituted by another settlement. The National Coal Wage Agreement, which was in force from 1.7.2006 to 30.6.2011 is contained in Chapter IX, which relates to Social Security. Clause 9.3.0 relates to provision of Employment to Dependants. Clause 9.3.1. relates to employment to dependant and clause 9.3.2. relates to employment to one dependant of the worker who dies while in service. Thus, the National Coal Wage Agreement is a binding settlement under S. 2(p) of the ID Act having force of law and, therefore the settlement and its terms should be reasonable and fair and should be consistent with Arts. 14 and 15 of the Constitution. (Paras 14, 15) Marriage is social circumstance and basic civi....