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It is the case of the petitioner that as per para 9.5.0. (III), if no employment has been offered and the male dependent of the concerned worker is above 12 years but below the age of 18 years; he will be kept on a live roaster and would be provided employment when he attains the age of 18 years. During the period the male dependent is on live roaster the female dependent will be also be paid monetary compensation.

5. In the instant case, the date of birth of petitioner No.1 is 12.11.1994 which is evident from his matriculation certificate and at the time of death of his father, he was above 12 years and the respondents were also requested vide letter dated 05.06.2008 of the elder mother i.e. petitioner No.2, to keep the name of petitioner No.1 in the live roaster in terms of para-9.5.0. (iii) of NCWA VIII. However, till date, neither any employment has been offered to the petitioner No.1 nor the monetary compensation has been given to the petitioner No.2 from the date of death of her deceased husband.

Further fact reveals that earlier the respondent- BCCL vide their letter dated 04.07.2007 admits the claim of monetary compensation for petitioner No.2 but did not respond to the other claim of appointment which was claimed by the petitioners in view of para- 9.5.0. (iii) of NCWA.

6. Mr. Ratnesh Kumar, learned counsel representing the petitioners draws attention of this Court towards Annexure-6 which is the chapter of social security under NCWA (VIII). He further submits that as per para-9.5.0 (iii) in case if no employment has been offered and the male dependent of the deceased worker is 12 years and above in age but below 18 years of age, will be kept on live roaster and would be provided employment when he attains the age of 18 years. Further, during the period, the male dependent is on live roaster, the female dependent will be paid monetary compensation.

Now the bone of contention is Clause (iii) where the scheme stipulates that in case of death either in mine accident or other reason or medical unfitness under 9.4.0. if no employment has been offered and the male dependent of the concerned worker is 12 years and above, he will be kept on a live roaster and would be provided employment commensurate with his skill and qualification when he attains the age of 18 years. It is further stipulated in Clause

(iii) that during the period the male dependent is on live roaster, the female dependent will be paid monetary compensation as per rate mentioned in Clause (i) and Clause

This Court has already held that as per 9.5.0. (iii) of Chapter VI which deals with social security provides for a system of live roaster of a minor child between 12-18 years and simultaneously for payment of monetary compensation. As a matter of fact, it was unfair on the part of respondents to come with a plea in the counter affidavit that now monetary compensation could not be paid since she has not applied and further the petitioner No.1 is not entitled for appointment. They could have very well rejected the claim of the petitioner no.2 for keeping her step son in live roaster.