POONAM MISHRA Vs. SOUTH EASTERN COAL FIELD LIMITED

JUDGEMENT

(1.) Heard Ms. Rashika Soni, learned counsel holding the brief of Ms. Priya Mishra, learned counsel for the appellant and Mr. Vinod Deshmukh, learned counsel for the respondents.

(2.) The present intra Court appeal has been filed by the appellant against the order dtd. 13/3/2023 passed by the learned Single Judge in WPC No. 3046 of 2022 (Poonam Mishra v. South Eastern Coalfields Limited and other), whereby the learned Single Judge has disposed of the writ petition.

(3.) The crux of the matter to make it brief is that the respondent No.4 was prosecuted for a criminal case for the offence punishable under Ss. 294, 323 and 506 read with Sec. 34 of the IPC arising from an FIR that was lodged at Police Station Sirgitti vide Crime No. 118/2018 dtd. 15/4/2018. The respondent No.4 was arrested and was subsequently released on bail in the criminal case which was lying. Subsequently, the father of the respondent No.4-late Ajay Kumar Singh an employee of the respondent No.1 died in harness. The respondent No.4 thereafter, applied for dependent employment/compassionate appointment. The respondent No.1/company on due scrutiny of the application of the respondent No.4 for compassionate appointment in terms of the conditions mentioned in the National Coal Wages Agreement (NCWA) granted appointment to the respondent No.4 to the post of General Majdoor (trainee) vide order dtd. 16/4/2020. Since then the respondent No.4 has been working under the respondent No.1. On 7/1/2022 the instant writ petition was filed with the following prayer :