Deceased Employee's Wife Entitled For Compensation From Date Of Death, Irrespective Application: Jharkhand High Court

Background Facts

The deceased employee was employed by BCCL as a Tyndal in the Ropeways Division. The employee did not have any children from the first wife. With her consent, the employee married his second wife, with whom he had one daughter and two sons. The employee died while in service on January 27, 2007. After his death, both wives applied for employment under the National Coal Wage Agreement (NCWA). The second wife applied on June 5, 2007, under para 9.3.2 of NCWA-VIII. The first wife also applied for employment under the same clause. The second wife was denied employment as she had no legal right to it, being the second wife.

The employer informed the first wife on July 4, 2007, that since she was over 45 years old, she was not eligible for employment as per para 9.3.2 of the NCWA-VIII. The employer acknowledged in 2007 that the first wife was entitled to monetary compensation due to her age. But she did not apply for compensation. The first wife requested the employer on June 5, 2008, to consider her stepson for employment under para 9.5.0.(III) of NCWA-VIII. The stepson was 12 years old at the time of his father's death. This clause mandated that a male dependent aged between 12 and 18 years should be provided employment upon turning 18, while the female dependent should be provided monetary compensation. But the employer failed to provide employment to the stepson.

Aggrieved by the same, the first wife and stepson filed a writ petition seeking monetary compensation and employment, respectively.

It was argued by the petitioners that the stepson, as a dependent minor child of the deceased employee, was entitled to employment under para 9.5.0.(III) of NCWA-VIII. They argued that if monetary compensation was acknowledged, then employment for stepson should also be mandated under the same principles. It was asserted that Stepson's employment was a legal right under NCWA-VIII and not merely a discretionary decision by BCCL.

On the other hand, it was contended by the employer that they acknowledged the monetary compensation to the first wife, which fulfilled their obligation under the agreement. They contended that the petitioners could not demand further employment benefits for the stepson. It was further contended that Stepson's name was not in the service excerpts of the employee.

Findings of the Court

It was acknowledged by the court that second marriages were not legally recognised for employment benefits. It was held that the second wife's claim for employment was invalid because she was the second wife of the deceased employee. The provisions of NCWA-VIII were examined by the court and it was found that the first wife, being over 45 years of age, was not eligible for employment as per NCWA-VIII.

It was observed by the court that the monetary compensation provided to the first wife did not negate the possibility of offering employment to the stepson. It was observed that, as per 9.5.0.(iii) of NCWA-VIII, the employer was under obligation to provide employment to the minor child upon reaching majority, and during the said period, provide the monetary benefit to the widow.

It was observed by the court that the first wife did not apply for monetary compensation till date. It was held that it was unfair on the part of the employer to contend that now monetary compensation could not be provided since she had not applied for it and further stepson was not entitled for employment. It was held that the employer could have rejected the claim of the first wife for keeping her stepson for employment.

The employer was directed to pay the monetary compensation to the first wife from the date of death of the deceased employee until the date of attaining the age of 60 years, as per 9.5.0 (iii) of NCWA-VIII. The case of Gangia Devi vs. BCCL was relied upon, wherein it was held by the Supreme Court that wife of the deceased employee will be entitled to monetary compensation from the date of employee's death, irrespective of whether the application for such monetary compensation was submitted or not.

The employer was further directed to extend employment to the stepson, who had reached majority. With these observations, the Writ Petition was allowed.

Case No. : W.P.(S) No.811 of 2018

Counsel for the Petitioners : Ratnesh Kumar, Advocate

Counsel for the Respondents : Anoop Kr. Mehta, Adv. & Amit Kumar Sinha, Adv.