Hi, Sir my father, aged 59years 10 months (7/7/1955) is a coal mine employee(SCCL Ltd.). He lost his right leg 8 months back in a road accident. 3 Months back company declared him as MEDICAL UNFIT FOR FURTHER SERVICES. 1 week back company sent us a letter stating that 5 lakh rupees will be provided as monetary compensation and no job will be given to dependent because he has only 9 months of service left at the time of accident( DOR 31/07/2015). But as per the JBCCI agreements they must provide us dependent job as the provisions are clearly stating that, if an employee permanently disabled he must be provided dependent job regardless of the service he has.
PROVISIONS: ( COPIED FROM NCWA VI )
9.4.0. Employment to one dependent of a worker who is permanently disabled in his place.
i) The disablement of the worker concerned should arise from injury or disease, be of a permanent nature resulting into loss of employment and it should be so certified by the coal company concerned.
ii) In case of disablement arising out of general physical debility so certified by the coal company, the employee concerned will be eligible for the benefit under this clause if he/she is up to the age of 58 years.
The term general physical debility would mean deficiency of a workman due to any disease or other health reason leading to his/her disablement to perform his/ her duties regularly and/or efficiently.
In our case provision one is applicable. So can I challenge the company in the court of law for dependent job.
SOURCES: https://ccl.gov.in/peo_crer/pdf/ncwa/ncwa_6.pdf
https://ccl.gov.in/peo_crer/pdf/ncwa/ncwa_9.pdf
Under chapter ix social security.
Please sir anyone reply.
