CiteTEXT
..., Advocate
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Order No. 04 Date 24 th February , 2016
Since the National Coal Wage Agreement (NCWA) is an outcome
of a joint bipartite meeting held between the management of the...
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6099 of 2012
Smt. Gendia Devi ... Petitioner
Versus
Central Coal Fields Ltd & others...… Respondents
With
W.P.(S) No. 5166 of 2012
Kiran Kumari ... Petitioner
Versus
Central Coal Fields Ltd & others … Respondents
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CORAM : HON’BLE MR...
..., Sr. Advocate Mr. Umesh Choudhary, Advocate For the Respondents : Mr. Navneet Sahay, J.C. to Mr. Ananda Sen, Advocate Order No. 04 Date 24 th February , 2016 Since the National Coal Wage Agreement (NCWA)...IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6099 of 2012 Smt. Gendia Devi ... Petitioner Versus Central Coal Fields Ltd & others Respondents With W.P.(S) No.... 5166 of 2012 Kiran Kumari ... Petitioner Versus Central Coal Fields Ltd & others Respondents CORAM : HONBLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioners : Dr. M. K. Laik...
...respondents to explain to him the meaning of certain expressions used in the National Coal Wage Agreement (NCWA) regarding age-limits prescribed for employment of dependents / women, etc.
3...
...National Coal Wage Agreement (NCWA) V. Indisputably, the said settlement, in terms of sub-section (3) of Section 18 of the Industrial Disputes Act, 1947 is binding on the parties. Clause 9...directed to give benefit of National Coal Wage Agreement VI to the petitioner by appointing him in place of his deceased father, who died in harness, as regular employee of the Company...of NCWA V refers to appointment of dependants of the deceased employees working in the coal mines; sub-clause (iii) of Clause 9.5.0 whereof reads as under:“(iii) In...
...application for grant of dependent employment in accordance with the provisions contained in the NCWA-VIII (National Coal Wage Agreement) on its own merits, within 45 days from the date of said order.
...petitioner's mother is already in Government employment, hence, he is not entitled for compassionate appointment in his father's place under the provisions of National Coal Wage Agreement (NCWA). On appeal... (supra) are contradictory to each other, therefore, it requires reconsideration by way of review looking the National Coal Wage Agreement for the relevant period.
...
...petitioner/SECL authorities to consider the petitioner's application for grant of dependent employment in accordance with the provisions contained in the NCWA-VIII (National Coal Wage Agreement) on...of the National Coal Wage Agreement (NCWA) was rejected. The learned Single Judge, after hearing the parties, allowed the petition filed by the writ petition/respondent herein, as aforesaid. On an...employment, hence, he is not entitled for compassionate appointment in his father's place under the provisions of National Coal Wage Agreement (NCWA). On appeal, the Division Bench of this Court has...
...petitioner/SECL authorities to consider the petitioner's application for grant of dependent employment in accordance with the provisions contained in the NCWA-VIII (National Coal Wage Agreement) on...of the National Coal Wage Agreement (NCWA) was rejected. The learned Single Judge, after hearing the parties, allowed the petition filed by the writ petition/respondent herein, as aforesaid. On an...employment, hence, he is not entitled for compassionate appointment in his father's place under the provisions of National Coal Wage Agreement (NCWA). On appeal, the Division Bench of this Court has...
...there is a scheme for grant of compassionate appointment in BCCL and the same is the part of National Coal Wage Agreement (NCWA), which is statutory and binding in nature. He further submits that in...petitioner for grant of his compassionate appointment has been rejected.2. The father of the petitioner, who was an employee of Bharat Coking Coal Limited (hereinafter to be referred as...view of the said NCWA, the petitioner is entitled to be appointed on compassionate ground. He further submits that there is no time limit for grant of compassionate appointment in terms of NCWA and thus...
...employment in terms of the National Coal Wage Agreement (NCWA). The said issue has been by now well settled by a series of judgments that followed the first judgment of...Smt. Asha Pandey v. Coal India Ltd., in WPS 4994/2015 which has also been affirmed by the Division Bench of this Court as also by the Supreme Court.
4. Given...
...this writ petition has prayed for providing him employment under the provisions of Clause 9.3.2 of the National Coal Wage Agreement (NCWA for short).3. The...
...in the year 2007. One of the dependents submitted an application seeking compassionate appointment under the scheme, i.e., National Coal Wage Agreement(NCWA), a settlement within the meaning of...application seeking compassionate appointment under the scheme, i.e., National Coal Wage Agreement(NCWA), a settlement within the meaning of Section 2(p) of the Industrial Disputes Act, 1947 which is...Single Judge of High Court of Chattisgarh, Bilaspur.4. Learned Single Judge, after examining the effect of the settlement agreement (NCWA) which is binding on the parties and...
...the provisions made to honour the commitment in terms of the National Coal Wage Agreement [NCWA] has been already accepted by this Court and the challenge of Revenue thereto is rejected. We find that...after expiry of the earlier NCWA when the negotiations were going on, the assessee made the provision for increments on estimate basis. It was certain that as per the NCWA under negotiations, the wage...rise was inevitable. Hence, in corresponding previous year, the provision has been made for the incremental arrears. Thus, the liability was certain and to crystallize after the NCWA was finalized...
..., learned counsel appearing for the respondent-BCCL, submits that the provision of National Coal Wage Agreement (NCWA) provides that if the person approaches the BCCL within 18 months from the date of deat...or disablement, the application for compassionate appointment can be entertained in view of the provisions of NCWA.7. He further submits that there is provision in the NCWA that if the...Court finds that the petitioner has approached to the respondent-BCCL in the year 2009 whereas death has taken place in the year 2002 and as such, in terms of the provision of the NCWA, the petitioner is...
...-9.2.3 of the National Coal Wage Agreement (NCWA) (Annexure-6).2. Heard counsel for the parties.3. Learned counsel for the petitioner explains that under the terms of the...aforesaid clause of the NCWA, the respondent employer is bound to pay the wages for the period during which the employee had remained under medical treatment consequent upon suffering accidental injury...refuse to abide by the terms and condition as laid down in the NCWA merely on the ground that the petitioner's earlier application before the Commissioner under section 33(C)(2) of...
...lifetime of the deceased employee. So far as compassionate appointment in the Public Sector Coal Companies are concerned, that is guided by the National Coal Wage Agreement (NCWA)....appointment shall also be determined in accordance with NCWA in the event the determination of the status of the appellant as claimed by her goes in her favour in such inquiry or any subsequent proceeding...
...Coal Wage Agreement (NCWA) clause 5, the female dependant of a deceased employee was either eligible for compassionate
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2...
(PP) APPELLATE SIDE
WPA 22090 of 2022 Kosmi Devi Bhuia Vs.
Coal India Limited & Ors. Mr. Gobinda Kar...than 12 years of age on the date of death of her husband. The prayer of the petitioner's son for compassionate appointment was also not considered by Eastern Coalfields Limited (ECL). Under National...
...has claimed for dependent employment under the provisions of National Coal Wage Agreement (NCWA) but the same stands rejected vide the impugned Order (Annexure P-1).
5. The undisputed...
...petitioner was aged about 15 years 04 months and in consonance with the provisions of the National Coal Wage Agreement (NCWA), the petitioner had made an application that he shall fill-up the necessary forms...
..., there was no provision for maintaining the live roster in National Coal Wage Agreement (NCWA). Moreover, it has been observed that the name of the claimant was also not appearing in any of the...
...Chapter-IX of the National Coal Wage Agreement-IX (NCWA) dated 31.01.2012, the appellant No.2 applied for being consideredin terms of Clause 9.4.0 of the Chapter-IX to be superannuated on medical grounds...could have been considered for compassionate appointment in lieu of appellant No.2 as per the said clause of Clause 9.4.0 of the Chapter-IX of the National Coal Wage Agreement-IX.It is contended that in terms of th...honour the National Coal Wage Agreement (NCWA) and conferred the
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benefits on the appellant No.1 in terms of Clause 9.4.0...