Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 28 February 2026

Case Overview

  • Parties: Petitioner – Surendra Kumar, son of the late Smt. Bhagwaniya (deceased General Mazdoor, SECL, Rajnagar OCM). Respondents – South Eastern Coalfields Limited (SECL) and its officials (Chairman‑Cum‑MD, GM Personnel, Area GM, Sub‑Area Manager, Senior Manager).
  • Petition: WPS No. 8779 of 2023 filed under Article 226 seeking appointment under the Social Security Scheme of the National Coal Wage Agreement (NCWA) as a dependant of his mother who died in harness on 07‑05‑2011. Application for dependent employment was made on 12‑09‑2011; SECL rejected it by letter dated 20‑04‑2012 without a reasoned order.
  • Relief Sought: (i) Call for complete record, (ii) direction to consider and grant employment under NCWA, (iii) issuance of appointment order, (iv) compensation for denial, (v) costs.
  • Petitioner’s Submissions: Cited NCWA‑XI (01‑07‑2021 to 30‑06‑2026) and earlier versions, emphasizing clauses 9.3.0‑9.5.0 that guarantee employment or monetary compensation to dependants of workers who die in service. Argued that the settlement is binding under Section 2(p) & 18(3) of the Industrial Disputes Act, and denial violates Articles 14 and 16 of the Constitution.
  • Respondents’ Submissions: Asserted existence of an alternative remedy under the Industrial Disputes Act, claimed the petition is barred by delay (over 12 years) and laches, and relied on a 2004 internal policy stating that if the spouse of the deceased is already employed, no further appointment or compensation is warranted. Contended that compassionate appointment is discretionary, not a vested right.
  • Judicial Precedents Cited: Mohan Mahto v. Central Coal Field Ltd. (2007), Smt. Subhadra v. Ministry of Coal (2018), Avinash Saloman v. SECL (2015, affirmed 2023, Supreme Court dismissal 2024), South Eastern Coalfields Ltd. v. Gulshan Prakash (2023), Kanishk Sinha v. West Bengal (SLP 2024), Siddharam Mhetre v. State of Maharashtra (2011), among others.
  • Procedural History: The earlier writ petition (Avinash Saloman) was allowed by this Court, SECL appealed, the appeal was dismissed on 11‑10‑2023, review dismissed on 27‑02‑2024, SLP dismissed by Supreme Court on 10‑04‑2024 with six‑week compliance period.

Final Outcome

  • The Court set aside SECL’s order dated 20‑04‑2012 rejecting the petitioner’s claim.
  • SECL and its authorities are directed to consider the petitioner’s application for dependent employment in accordance with the NCWA provisions applicable on the date of his mother’s death, within forty‑five (45) days of receipt of the certified copy of this order.
  • SECL is ordered to pay Rs 15,000 as costs to the petitioner; no further costs are awarded.
  • No order as to costs against the petitioner.

Topics: Labor Law, Coal Sector Employment, Industrial Settlements