SOUTH EASTERN COALFIELD LTD. Vs. GULSHAN PRAKASH

JUDGEMENT

(1.) The present appeal is directed against the interim order passed by the Division Bench of the High Court impugned dtd. 24/8/2016, while declining to grant interim relief in the pending writ appeal, appellants were directed to ensure compliance of the order impugned passed by the learned Single Judge dtd. 21/12/2015 which was a subject matter of challenge in the writ appeal before the Division Bench of the High Court.

(2.) While issuing notice by this Court dtd. 30/1/2017, the operation and effect of the interim order dtd. 24/8/2016 was stayed by this Court. The order dtd. 30/1/2017 is reproduced hereunder:­

(3.) The matter pertains to compassionate appointment of the respondent on account of death of his father while he was in service in the year 2007. One of the dependents submitted an application seeking compassionate appointment under the scheme, i.e., National Coal Wage Agreement(NCWA), a settlement within the meaning of Sec. 2(p) of the Industrial Disputes Act, 1947 which is binding under Sec. 18(3) of the Act. When the application filed by one of the dependents of the respondent came to be rejected by the appellant­employer on the premise that his mother was in employment and was capable to maintain her family, came to be assailed by the respondent(dependent) by filing of a writ petition before the Learned Single Judge of High Court of Chattisgarh, Bilaspur.