A dependant of the deceased SECL employee having opted and obtained benefit of monetary compensation, cannot claim for dependant employment based on doctrine of election.

A dependant of the deceased SECL employee having opted and obtained benefit of monetary compensation, cannot claim for dependant employment based on doctrine of election

1. Petitioner’s father Shri Hemlal while working as Electrical Helper in the respondent/SECL died in harness on 14.09.1994 leading to grant of monthly monetary compensation in lieu of employment on 3.1.1995 to the extent of Rs. 2000/- per month to the petitioner’s mother in terms of Clause 9.5.0 (ii) of the National Coal Wage Agreement-V (hereinafter referred to as “NCWA-V”), which she accepted without protest, but immediately thereafter on 15.6.1995 the petitioner’s mother also made a request to the SECL authorities that his son i.e. present petitioner is minor and therefore, her right to claim dependant employment for her son be kept open and intact. Her son i.e. petitioner herein became major and on 16.5.2005  the petitioner’s mother again made an application to the SECL authorities for dependant employment to the petitioner, which was not considered by the SECL authorities leading to filing of the present writ petition for dependant employment in terms of the NCWA-V for considering his claim as per policy prevailing at the time of death of the petitioner’s father.

2. Learned counsel for the petitioner would submit that the petitioner’s mother was given monetary compensation in terms of the NCWA-V, which she has accepted as the petitioner was minor on the date on which monthly monetary compensation was granted, but since the petitioner’s mother has kept the option open for dependant employment for her son on attaining the age of majority and since the petitioner has become major on attaining the age of majority, he is entitled for dependant employment in terms of Clause 9.5.0 (ii) of the NCWA-V.

3. On the other hand, learned counsel for the respondents would oppose the writ petition and submit that the petitioner’s mother has already opted for monetary compensation as provided in NCWA-V and once she has opted for monetary compensation and getting benefit of the said order, the petitioner is not entitled for further consideration or second consideration. The petitioner’s mother having opted for monetary compensation, doctrine of election would be applicable and the petitioner is not entitled for fresh/second consideration for dependant employment.

4. I have heard learned counsel appearing for the parties, given thoughtful consideration to the submissions raised therein and also gone through the record with utmost circumspection.

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