National Coal Wage Agreement (NCWA) has a force of law; terms of NCWA should be fair and reasonable and should not be opposed to law

National Coal Wage Agreement (NCWA) has a force of law; terms of NCWA should be fair and reasonable and should not be opposed to law.

(1) The brilliant question of law that has cropped up for consideration in this petition is whether exclusion of married daughter of the deceased SECL servant for being considered for dependent employment under the terms of National Coal Wage Agreement -VI (henceforth ‘NCWA-VI”) read with National Coal Wage Agreement-IX (henceforth ‘NCWA-IX”) is just, fair and reasonable ?

(2) The above stated question of law arises for determination in the following factual backdrop.

(3) The petitioner’s father – Shyam Sunder Sharma, while working as Senior Clerk in the respondent SECL at Jhiriya Mines, died in harness on 8.2.2014. The petitioner being married daughter of the deceased SECL servant, made an application for dependent employment in terms of Clause 9.3.3 of the National Coal Wage Agreement (for short ‘NCWA’), which provides provision for dependent employment. Her application for dependent employment has been rejected on the ground that NCWA does not provide dependent employment to a married daughter.

(4) Feeling aggrieved & dissatisfied with the above order rejecting petitioner’s application for dependent employment, the present writ petition has been filed challenging the said order and also challenging Clause 9.3.3 of NCWA-VI and Clause 9.3.0 of NCWA-IX as void and inoperative to the extent of impliedly prohibiting the married daughter for dependent employment.

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