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january 2018

Supreme Court of India · 2018-01-23

SMT.SUBHADRA vs THE MINISTRY OF COAL AND ANR.

Citation / case number
SC 2015/17125
Court
Supreme Court of India
Petitioner
SMT.SUBHADRA
Respondent
THE MINISTRY OF COAL AND ANR.
Author
HON'BLE MR. JUSTICE KURIAN JOSEPH
Bench
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE KURIAN JOSEPH

Judgment text excerpt

The Supreme Court ruled on the issue of compassionate appointment under a Bipartite Agreement, specifically referencing Clause 9.5.0, which governs employment for female dependants of deceased workers. The Court held that the appellant, being below 45 years of age at the time of her husband's death, had the right to choose between monetary compensation of Rs. 3,000/- per month or employment. The Court found that the respondent's offer of monetary compensation was valid, but the appellant's insistence on employment warranted further consideration, leading to the decision to allow her claim for employment to be reconsidered.

SMT.SUBHADRA vs THE MINISTRY OF COAL AND ANR. · Niyam