SOUTH EASTERN COALFIELDS LTD. Vs. SHOBHA PARIDA

JUDGEMENT

(1.) The Respondents – South Eastern Coal Fields Limited and others (hereinafter referred to as the S.E.C.L.) preferred this appeal under Sec. 2 (1) of the Chhattisgarh High Court (Appeal to the Division Bench) Act, 2006, questioning the legality and propriety of the order dtd. 15/2/2022 passed by the Learned Single Judge in W.P.(S) No.6578 of 2021, whereby the claim of the Writ Petitioners has been allowed entitling Petitioner No.2 – Smt. Narmada Parida to be appointed as dependent employment on account of sad demise of her father, the employee of the Appellants – S.E.C.L. The parties shall be referred hereinafter as per their descriptions mentioned before the Court of learned Single Judge.

(2.) Briefly stated the facts of the case are that one Kampo, predecessor-in-interest of the Petitioners, who was the employee of S.E.C.L., has died in harness on 14/4/2021. On account of his sad demise, Petitioner No.1, Smt. Shobha Parida, being his widow, had applied for dependent employment for her son, namely, Krishna Chandra Parida, as per the terms provided in clause 9.3.3 of the National Coal Wage Agreement (for short, the N.C.W.A.), on 12/5/2021. The said application was, however, rejected on 16/5/2021 holding her son to be over-aged. Immediately thereafter, i.e., on 19/5/2021, she approached the S.E.C.L. authorities for employment of her married daughter – Smt. Narmada Parida, Petitioner No.2 herein, as dependent employment. Further contention of the petitioners is that when her claim was not considered, they have been compelled to file the petition before this Court seeking issuance of direction against the authorities of S.E.C.L. for consideration of their application so made in this aspect on 19/5/2021.

(3.) In reply to the aforesaid claim, it was stated by the Respondents – S.E.C.L. that the alleged application of the Petitioners are under consideration and appropriate decision will be taken after examining the dependency part of Petitioner No.2 as to whether she was wholly dependent upon the earning of her deceased father or not as required under the provisions prescribed under said N.C.W.A. It is contended further that in order to consider her dependency, a request was made to Petitioner No.1 vide its letter dtd. 10/6/2021 requesting her for submission of the certificate of the Sub-Divisional Officer or Tahsildar, Baikunthpur, District Koriya in this regard so as to decide her claim as made.