CGIT,Asansol award dated 27-08-2025 in Ref. No. 22 of 2020 between the Management of Kunustoria Area of ECL and Ajay Giri on 27 August 2025

1. On receiving Order No. L-22012/1/2020-IR(CM-II) dated 25/09/2020 from the Government of India, Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 22 of 2020 was registered on 17/06/2021 and an order was passed for issuing notice to the parties through registered post, directing them to appear and

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submit their written statements along with relevant documents in support of their claims.

2. Union filed written statement on behalf of the dependents of Kapildeo Giri, ex- employee of ECL. Fact of the case in brief, as disclosed in the written statement of the union dated 08/08/2022 is that Kapildeo Giri died in harness on 31/01/1999. Under provision of NCWA one dependent of the deceased employee is entitled to get employment and spouse of the dependent is entitled to get Monetary Compensation. Radhika Giri, wife of the deceased initially submitted an application for providing employment to her. Management held screening of Radhika Giri and on being informed that the deceased left behind Ajay Giri as dependent son, management proposed to maintain the name of the minor dependent son in the live roster of the company for providing him employment on his attaining majority. Employer company paid Monetary Compensation to the wife of the deceased as per the provision under clause 9.5.0 of NCWA. Minor son was examined by the Initial Medical Board and found fit. The name of Ajay Giri, Son of Late Kapildeo Giri was maintained in live roster of the company. According to Initial Medical Examination Board, age of the son was held to be more than fifteen years as on the date of death of employee. After the son attained eighteen years of age, wife of Late Kapildeo Giri applied for providing employment to the dependent son and furnished necessary documents. Management once again held screening and sent the son for examination by the Initial Medical Examination Board. On examining the matriculation certificate, Initial Medical Examination Board decided the date of birth of the son as 03/02/1982. According to date of birth mentioned in educational certificate age of Ajay Giri was computed as fourteen years eleven months and twenty eight days as on date of death of his father, which was two days short of fifteen years of age as on the date of death of the employee. According to the union JBCCI has now reduced the lower age limit

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of the dependent son as twelve years as on the date of death of an employee for the purpose of maintaining the name of the dependent son in live roster as per clause 9.5.0 of NCWA and claimed that proposal for employment should be considered sympathetically. Management instead of providing employment to the dependent son, regretted the prayer for employment, by issuing letter dated 19/20.12.2007. It is contended that in similar situations, in case of Puran Gope of Parascole Colliery (Reference No. 19 of 2005), the Tribunal had passed order in favour of the dependent son who was less than fifteen years of age as on date of death of employee. Further reference is made to a case where Hon’ble High Court at Calcutta ordered for providing employment to the minor son of Late Sitaram Singh of Chapui Khas Colliery whose age was less than fifteen years as on the date of death of the employee. Union demanding parity in treatment prayed for providing employment to Ajay Giri, dependent son of Late Kapildeo Giri under ECL and for providing Monetary Compensation to the wife of the deceased employee till employment is granted to the son.

3. Management of the employer company contested the Industrial Dispute by filing written statement on 18/01/2023. It is admitted that Kapildeo Giri was posted as Chainman at Kunustoria Area. It is contended that Industrial Dispute raised by the dependent son of the deceased employee is misconceived and not maintainable as the same has been raised after a lapse of long period after date of death of the employee. Management asserted that as per clause 9.5.0 (iii) of NCWA, “in case of death either in mine accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and the male dependent worker of the concerned worker is fifteen years and above in age he will be kept on a live roster and would be provided employment commensurating with his skill and qualifications when he attained the age

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of eighteen years.” Therefore, name of Ajay Giri would have been maintained in the live roster only if he attained the age of fifteen years at the time of death of his father. Since the minor son was fourteen years eleven months and twenty eight days as on 31/01/1997 he was not eligible for his name to be maintained in live roster. According to the circular dated 01/07/1998, clause I. (a) provides that “in cases of appointees who had passed Matriculation or Higher Secondary Examinations, or appeared in these Examinations prior to their entry into service the secondary or higher secondary certificate or admit card shall be treated as correct and this date should be recorded as authentic date of birth for the said person. There would remain no scope for any subsequent change.” It is a case of the management that though name of the applicant was kept in live roster on the basis of Initial Medical Examination, subsequently on submission of certificate of Madhyamik Pariksha (Secondary Examination) of West Bengal Board of Secondary Education wherein date of birth of Ajay Giri was recorded as 03/02/1982, his age was considered as fourteen years eleven months and twenty eight days as on the date of death of his father. Accordingly, the Competent Authority regretted the claim for employment of the dependent son since he was less than fifteen years of age at the relevant time. According to the management claim for employment of Ajay Giri, dependent son of Late Kapildeo Giri is not maintainable and the management has Bonafide grounds to regret the claim for employment which is in accordance with rules and norms of the company. It is urged that the management of ECL is justified in denying the claim raised by the union for providing employment to the dependent son and further asserted that Ajay Giri is not entitled to get any relief.

4. Short point for consideration before this Tribunal is whether the claim for employment of the dependent son of Late Kapildeo Giri is justified and legal? If not what relief the dependent son of the deceased employee is entitled to?

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5. Ajay Giri, dependent son of the deceased Kapildeo Giri has been examined as Workman Witness No. - I. He filed his affidavit-in-chief and produced the following documents:-

(i) copy of Service excerpt of Kapildeo Giri in two pages is collectively produced as Exhibit W-1.

(ii) copy of death certificate of Kapildeo Giri issued by Medical Officer of DSP Hospital is produced as Exhibit W-2.

(iii) copy of Death Registration Certificate of Kapildeo Giri is produced as Exhibit W-3.

(iv) copy of application dated 28/08/1997 submitted by his mother for employment is produced as Exhibit W-4.

(v) copy of application of his mother in specified format for employment as dependent is produced as Exhibit W-5.

(vi) copy of letter dated 03/10/1997 whereby his mother was called for appearing before the screening committee, in two pages is collectively produced as Exhibit W-6.

(vii) copy of letter dated 15/10/1997 where his mother was called for appearing before Initial Medical Examination Board is produced as Exhibit W-7.

(viii) copy of letter dated 20/10/1997 issued by Personnel Manager, Kunustoria Area for holding medical examination for his employment is produced as Exhibit W-8.

(ix) copy of letter dated 19/05/1998 issued by Dy. Chief Personnel Manager of Kunustoria Area addressed to the General Manager (P&IR) regarding payment of Maintenance Allowance of Rs. 2000/ per month to his mother is produced as Exhibit W-

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(x) copy of letter dated 16/09/1998 approving the proposal for maintaining the name of the dependent son in live roster is produced as Exhibit W-10.

(xi) copy of letter dated 23/08/2000 whereby the mother of Ajay Giri requested for providing employment to him on his attaining eighteen years of age is produced as Exhibit W-11.

(xii) copy of letter dated 08/11/2000 by which Ajay Giri was called to appear before IME is produced as Exhibit W-12.

(xiii) copy of letter to the General Manager for considering the proposal for employment of Ajay Giri is produced as Exhibit W-13.

(xiv) copy of death certificate of Radhika Giri is produced as Exhibit W-14.

(xv) copy of letter dated 14/04/2006 whereby proposal for employment of Ajay Giri was regretted on the ground that he was less than fifteen years by two days is produced as Exhibit W-15.

(xvi) copy of letter dated 29/04/2006 by which proposal for employment of Ajay Giri was renewed, has been produced as Exhibit W-16.

(xvii) copy of letter dated 20/12/2007 whereby Dy. Personnel Manager, Kunustoria Area informed that name of Ajay Giri could not be retained in the live roster as he was less than fifteen years on the date of death of his father is produced as Exhibit W-17.

(xviii) copy of admit card issued by West Bengal Board of Secondary Education where date of birth of Ajay Giri is mentioned as 03/02/1982, is produced as Exhibit W-18.

(xix) copy of Madhyamik Certificate of Ajay Giri issued by the West Bengal Board of Secondary Education is produced as Exhibit W-19.

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(xx) copy of heirship certificate of Kapildeo Giri issued by Councillor, Raniganj Municipality dated 03/02/1997 is produced as Exhibit W-20. It transpires from the affidavit-in-chief that on the death of Kapildeo Giri on 31/01/1997, Radhika Giri, the wife applied for employment but the management suggested that employment might be granted to her son on his attaining eighteen years of age and till such time Monetary Compensation would be provided to the wife of the deceased employee according to clause 9.5.0 of NCWA. Medical Board of the company found Ajay Giri medically fit and decided that his age was more than fifteen years on the date of death of the employee. The Competent Authority of the management decided to maintain the name of the dependent son in live roster of the company and after he attained nineteen years of age he applied for employment and the proposal was processed. Initial Medical Examination was held where the Board decided his date of birth as 03/02/1982 on the basis of Madhyamik Board Certificate. Management thereafter issued letter regretting prayer for employment on the ground that age of the son was fourteen years eleven months and twenty eight days on the date of death of his father. It is stated by the witness that initially proposal for employment was considered and the Initial Medical Examination Board decided that his age was more than fifteen years and maintained his name in live roster of the company for providing him employment on attaining majority. It is gathered from cross-examination of the witness that according to the age recorded in Madhyamik Certificate he did not complete his fifteenth year on the date of death of his father.

6. Management examined Mr. Joydeep Barman as Management Witness No. - I. According to the management, Ajay Giri was not eligible for his name being maintained in the live roster as he was less than fifteen years on 31/01/1997. The circular dated 01/07/1998 lays down that in cases of appointees who passed Matriculation or Higher

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Secondary Examination or appeared in the examination prior to entry into service, the date of birth appearing in the secondary or higher secondary certificate or admit card shall be treated as correct and such date shall be recorded as authentic date of birth of the said person. It is stated that there would remain no scope for any subsequent change and though the name of the applicant was kept in the live roster on the basis of Initial Medical Examination (IME), on submission of Madhyamik Pariksha (Secondary Examination) certificate of West Bengal Board of Secondary Education wherein his date of birth is recorded as 03/02/1982 established that he was fourteen years eleven months and twenty eight days on the date of death of his father and the Competent Authority for such reason regretted the claim for employment of Ajay Giri. During examination, management produced the following documents:-

(i) copy of letter of Personnel Manager dated 09/11.12.2000 communicating decision to the General Manager (P&IR) is marked as Exhibit M-1.

(ii) copy of report of the Initial Medical Examination where his age was determined as sixteen years as on the date of examination i.e. 13/11/1997 is marked as Exhibit M-2.

(iii) copy of application of Radhika Giri dated 23/08/2000 addressed to the General Manager, claiming employment for her son, Ajay Giri is marked as Exhibit M-3.

(iv) copy of letter dated 14/04/2006 issued by the Personnel Manager, Kunustoria Area informing Ajay Giri that as he was fourteen years eleven months and twenty eight days of age on the date of death of his father and he was not eligible for employment, as Exhibit M-4. In course of cross-examination witness deposed that Radhika Giri, wife of the deceased employee was referred for Initial Medical Examination on 22/10/1997 (Exhibit W-7). She was denied employment by the management and her son was asked to appear in the

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Initial Medical Examination on 13/11/1997 where he was found to be more than fifteen years of age on the date of death of his father. Witness further stated that Monetary Compensation was paid to the wife of the deceased and Ajay Giri was kept in live roster for his future employment on attaining majority. Subsequently Matriculation certificate of Ajay Giri was considered wherein his age appeared to be less than fifteen years as on the date of death of his father. It is admitted that a meeting took place between Koyala Mazdoor Congress (HMS) union and the General Manager (P&IR), Sanctoria on 20/06/2019 wherein it was assured by the management that management would examine the claim for employment of the dependent son of Kapildeo Giri as per NCWA and other guidelines (marked as Exhibit W-21 on admission).

7. Mr. Rakesh Kumar, union representative submitted that Radhika Giri, wife of the deceased employee appeared before the Medical Examination Board and was found eligible for employment as dependent as per the provision under section 9.5.0 of NCWA. Management however proposed to maintain the name of the minor son in live roster for his future employment and Monetary Compensation would be paid to the wife of the deceased. On such assurance spouse agreed to receive Monetary Compensation. On 20/10/1997 Personnel Manager, Kunustoria Area issued letter addressed to the Area Medical Officer for assessing age of Ajay Giri for providing employment to him in coal mines. From letter dated 15/16.09.1998 issued by the Dy. Chief Personnel Manager (HQ) addressed to the Dy. Chief Personnel Manager, Kunustoria Area (Exhibit W-10) it would appear that the Competent Authority was pleased to approve the proposal to keep the name of Ajay Giri, the minor son in live roster, as his age was fifteen years plus at the time of death of his father and the widow was allowed Monetary Compensation. Mr. Rakesh Kumar further argued that Radhika Giri issued letter dated 23/08/2000 to the General Manager, Kunustoria Area informing that her son has attained eighteen years of age

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and she furnished all documents and certificates for providing employment to her son in place of his deceased father. Mr. Kumar argued that once the management instead of providing employment to the wife of the deceased held medical examination of her son and found his age to be more than fifteen years at the time of death of his father when he did not complete his Matriculation, there cannot be any reason for refusing employment to the dependent son on the ground that he was less than fifteen years of age on the date of death of his father according to certificates. Referring to letter dated 14/04/2006 issued by the Personnel Manager (Exhibit W-15) informing that name of Ajay Giri could not be maintained in live roster as he was found to be fourteen years eleven months and twenty eight days of age on the date of death of his father, it is argued by the union representative that if Madhyamik Certificate was considered for determination of age, he was only two days short of fifteen years on the date of death of his father and the management on earlier occasions have granted employment to the dependent son who was below fifteen years. Referring to the case of Yogindera Singh and Anr. Vs. Coal India Limited & Ors. (WP No. 1202 of 2010) it is argued that Yogindera Singh, Son of Late Sitaram Singh of Chapui Khas Colliery was fourteen years eight months and eight days old at the time of his father’s death but the Hon’ble High Court directed the management to reconsider the claim to provide employment to Jogendra Singh under necessary rules and schemes and held that opinion of the company in not providing employment to the dependent son was irrational and unreasonable. Seeking parity with the relief provided in the case of Yogindera Singh, Mr. Kumar prayed for an Award in favour of Ajay Giri, the dependent son for his employment under ECL.

8. Mr. P. K. Das, learned advocate for ECL argued that according to the provision of relevant NCWA applicable in the year 1997 dependent son should have been fifteen years of age on the date of death of an employee for his name to be maintained in live roster,

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for providing employment on his attaining majority of age. In the instant case age of Ajay Giri according to his Madhyamik Certificate issued in the year 2000 was computed as less than fifteen years on the date of death of his father and he is not entitled to be considered for employment as per the provision of NCWA. Ld. Advocate for the management argued that this Industrial Dispute is liable to be dismissed.

9. Having considered the facts and circumstances of the case, I find that Kapildeo Giri, ex-employee of ECL at Kunustoria Area died in harness on 31/01/1997 leaving behind Radhika Giri, his wife and Ajay Giri, his minor son. According to the clause 9.5.0 of NCWA Radhika Giri applied for her employment as a dependent. Management did not provide employment to her and proposed to maintain the name of Ajay Giri in live roster till he attains majority. Management assessed age of Ajay Giri which is evident from letter dated 21/10/1997, written to the Area Medical Officer (Exhibit W-8). Dy. Chief Personnel Manager of Kunustoria Area in his letter dated 19/05/1998 addressed to the General Manager (P&IR), ECL, Sanctoria (Exhibit W-9) communicated that maintenance allowance of Rs. 2000/ was approved in favour of Radhika Giri, wife of ex-employee and further stated that since son of Radhika Giri was more than sixteen years and less than eighteen years as per the provision of NCWA-V she applied for providing employment to her son after he completed eighteen years of age. From subsequent letter dated 16/09/1998 issued by the Dy. Chief Personnel Manager (HQ) addressed to Dy. Chief Personnel Manager, Kunustoria Area (Exhibit W-10) it is evident that competent authority of ECL was pleased to approve the proposal to keep the name of the dependent son in the live roster as his age was fifteen years plus at the time of death of the employee. Copy of the said letter was also communicated to Radhika Giri. When Ajay Giri attained eighteen years of age his mother submitted application dated 23/08/2000, addressed to the General Manager, Kunustoria Area (Exhibit W-11) along with several documents and certificates,

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seeking employment for her son in place of his deceased father. Management referred Ajay Giri for his medical examination and employment file of Ajay Giri was forwarded to Head Quarters under letter dated 09/11.12.2000 (Exhibit W-13). Management finally observed that Ajay Giri was not eligible for his name to be maintained in live roster as he was less than fifteen years of age on the date of death of his father. Management appears to have recalled its decision on the basis of date of birth of the dependent son which appeared in the admit card issued by the West Bengal Board of Secondary Education (Exhibit W-18) and in the Madhyamik Examination (Secondary Examination) certificate of the year 2000 (Exhibit W-19). Be that as it may, management had already taken a decision of maintaining the name of the minor dependent son in the live roster on approval of the Competent Authority on the basis of his medical examination. On attaining majority when application for employment was submitted in the year 2000 along with documents, management decided to hold medical examination on 15/11/2000. At the relevant time on examination of education certificate and admit card of the candidate issued at a later course of time, it was revealed that his date of birth was 03/02/1982 and on the basis of such document his age was calculated to be fourteen years eleven months and twenty eight days on the date of death of his father. I find that the dependent son was only two days short of completion of fifteen years of age on the date of death of his father. According to clause 9.5.0 age of male dependent of the concerned worker should be above fifteen years of age for his name to be maintained in live roster. In my considered view management having assessed the age of the minor son on earlier occasion and approved to maintain his name in the live roster finding him above fifteen years of age on the date of death of his father, cannot be allowed to change their decision only on finding the minor son short of two days in completion of his fifteenth year on the date of death of his father. As per recorded date of birth in the admit card, management of ECL introduced provision for maintaining name of dependents in live roster from 22/02/1996.

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Initially minimum age for maintaining names in the roster was fifteen years and from the year 2000 minimum age limit for maintaining name of dependents in live roster was reduced to twelve years. Management, therefore, should consider the case of Ajay Giri for employment instead of disqualifying him on the ground that he was two days short of fifteen years on the date of death of his father.

10. In this respect parity has to be ensured to the dependent son with the relief that was extended to Yogindera Singh, son of Late Sitaram Singh, the deceased employee, Ex- pump Khalasi of Chapui Khas Colliery. It transpires from judgment of Hon’ble High Court at Calcutta in WP No. 1202 of 2010 that at the time of death of Sitaram Singh, Yogindera Singh was fourteen years eight months and eight days old which was less than fifteen years and was not found eligible for his name to be kept in the live roster. Wife of the deceased was paid Monetary Compensation of Rs. 2,000/ per month. Hon’ble High Court directed the management to reconsider the claim of the petitioner under necessary rules and schemes which was in existence at the relevant time and also Monetary Compensation in accordance with law. In the present case at the time of considering prayer for employment, rules were already changed, reducing the minimum age of the male dependent to twelve years for being eligible to be kept in live roster. It appears to me that the management should have considered the claim of employment of the dependent son on the basis of earlier commitment and also their prevailing rules, where minimum age of eligibility for consideration was reduced to twelve years instead of fifteen years. Since the management had already considered the issue related to age of the dependent son earlier to the issuance of admit card bearing date of birth as 03/02/1982, management of ECL is duty bound to follow their own commitment and also treat similarly circumstanced candidates in similar manner and ensure parity in respect of treatment. I therefore hold that Ajay Giri is entitled to get employment as per the provision under

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clause 9.5.0 of NCWA. Falling short of two days to fifteen years on the date of death of his father cannot be a ground for disqualifying the dependent son from being granted employment.

Hence,

O R D E R E D that the Industrial Dispute is allowed on contest. Management of Kunustoria Area, ECL is directed to provide employment to Ajay Giri, the dependent son of Kapildeo Giri, ex- employee within two months from date of communication of the Award. Let copies of Award be sent to the Ministry in duplicate for information.

Sd/- (Ananda Kumar Mukherjee) Presiding Officer CGIT-cum-LC, Asansol