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Supreme Court of India 2018-01-23 allowed

Subhadra vs Ministry of Coal and Anr

Bench: 2 — Kurian

In Brief

The appellant's husband, a mine worker, died in 2003. She sought employment as a dependant under a Bipartite Agreement that entitled female dependants below 45 years to choose between monthly compensation (Rs. 3,000) or employment. The respondent organisation refused her employment request, insisting only monetary compensation was available because her minor son could be placed on a live roster for future employment. The High Court upheld the monetary compensation award. The Supreme Court allowed the appeal, holding that the Agreement grants the female dependant a binding contractual right to choose employment, not a discretionary employer decision. The Court directed appointment of one of her sons, payment of accrued compensation with interest, and a lump-sum payment of Rs. 5 lakhs as compensation for 13 years of denied employment.

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Labour and Employment Law Social Security Compassionate Appointment Bipartite Agreements Dependent's Rights Employee Benefits

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