2018 LAB. I. C. 268 ::(2018) 2 Cal LJ 1 ::(2019) 2 Cal HN 662 ::(2018) 1 CalLT 436 ::(2017) 4 ESC 1666 ::2018 (1) KLT SN 76 (CAL) ::(2017) 4 Lab LN 323 ::(2018) 1 ServLR 470 ::(2017) 4 SCT 557

Calcutta High Court

Hon'ble Judge(s): Nishita Mhatre, Dipankar Datta, Tapabrata Chakraborty , JJJ

Constitution of India , Art.16— Industrial Disputes Act (14 of 1947) , S.18— National Coal Wage Agreement VI , Chap.IX Para.9.3.3, Chap.IX Para.9.5.0— Compassionate appointment - Divorcee daughter - Entitlement - National Coal Wage Agreement (NCWA) partakes character of law and binds parties thereto - Unmarried daughter of deceased worker, included in first category of dependants as per Cl. 9.3.3 of NCWA - 'Unmarried daughter' as appearing in Cl. 9.3.3 not only includes daughter never been married but also daughter once married but her marriage dissolved on date of death of her father/mother - Therefore divorcee daughter is eligible for consideration for appointment - Female divorced dependent having option to either accept monetary compensation of Rs. 4,000/- p.m. or employment, as per pr. 9.5.0 of NCWA - Directions issued to calculate her financial benefits, in view of dearth of vacant posts - Daughter who was married lady on date of death of employee - Is not eligible since not covered in terms of Cl. 9.3.3. Interpretation of Statute - Unmarried daughter included in first category of dependents as per National Coal Wage Agreement VI - Cannot be construed to mean that benefit is not extended to divorcee daughter. S. 18 of 1947 Act gives statutory recognition to bi-partite settlement. Thus, NCWA-VI partakes character of law; and, binds partie....