LAWS(CHH)-2016-6-5

MISS. HAMSHIKHA MALLICK Vs. COAL INDIA LTD.

Decided On June 17, 2016
Miss. Hamshikha Mallick Appellant
V/S
COAL INDIA LTD. Respondents

JUDGEMENT

(1.) Heard.

(2.) The factual details of the case are in narrow encompass and need to be dealt with quintessentially.

(3.) One Ranjit Kumar Malick who was working as Office Superintendent at Sohagpur area of South Eastern Coalfields Limited/respondent No.2, died in harness on 04.08.2010. He left behind his widow and unmarried minor adopted daughter, the petitioner Ms. Hamshikha Malick, who at the time of death, was aged about 14 years. A claim for compassionate appointment was made in terms of provisions contained in Clause 9.3.0 of the National Coal Wage Agreement, Chapter-IX Social Security. The claim, however, was rejected on the ground that the policy does not permit grant of compassionate appointment to a dependent, who happens to be adopted daughter.