Compassionate appointment under NCWA-VII is a concession; female dependants above the age limit receive monetary compensation only.

Under National Coal Wage Agreement-VII, compassionate appointment is treated as a concession and not an enforceable right, even though the agreement has statutory force. Clause 9.3.2 provides employment to one dependant of a worker who dies in service, but the claim may still be declined on the facts. For female dependants, Clause 9.5.0(ii) distinguishes between those below 45 years, who may choose between employment and monetary compensation, and those above 45 years, who are limited to monetary compensation; Clause 9.5.0(iv) makes that compensation payable until age 60.

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Issues: (i) whether the appellant was entitled to compassionate appointment under the National Coal Wage Agreement-VII; (ii) whether the female dependant was entitled only to monetary compensation under the applicable clause of the National Coal Wage Agreement-VII.

Issue (i): Whether the appellant was entitled to compassionate appointment under the National Coal Wage Agreement-VII.

Analysis: Compassionate appointment was examined under Clause 9.3.2 of the National Coal Wage Agreement-VII, which provides for employment to one dependant of a worker who dies in service. The Court accepted that the agreement has statutory force, but held that compassionate appointment is a concession and not a matter of right. On the facts, the claim for appointment did not merit interference with the earlier order.

Conclusion: The claim for compassionate appointment was rejected.

Issue (ii): Whether the female dependant was entitled only to monetary compensation under the applicable clause of the National Coal Wage Agreement-VII.

Analysis: Clause 9.5.0(ii) of the National Coal Wage Agreement-VII governs employment or monetary compensation for female dependants where death is due to causes other than mine accident. It provides that a female dependant below 45 years may choose between employment and monetary compensation, while a female dependant above 45 years is entitled only to monetary compensation. Clause 9.5.0(iv) further states that monetary compensation is payable till the female dependant attains 60 years of age. Applying these provisions, the Court found that the dependant was entitled to monetary compensation and not employment.

Conclusion: The female dependant was held entitled only to monetary compensation.

Final Conclusion: The appellate court affirmed the refusal of compassionate appointment and sustained the direction for monetary compensation under the wage agreement.

Ratio Decidendi: Compassionate appointment under the wage agreement is not an enforceable right, and where the governing clause limits a female dependant above the prescribed age to monetary compensation, employment cannot be claimed.

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