SUKHALU PAO Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Shri Manglu Pao while working as Trammer in Category II in the South Eastern Coalfields Limited (hereinafter called as 'SECL'), Behraband Colliery died in harness on 17.9.2002 leaving behind his widow petitioner No.2 Sahotia Bai and son-in-law petitioner No.1 Sukhalu Pao.

(2.) Since petitioner No.2 was dis-entitled for dependant employment as she was over age on the date of death of her husband and petitioner No.1 being son-in-law of the deceased SECL servant in accordance with clause 9.3.3 of the National Coal Wage Agreement (hereinafter called as 'NCWA') made an application claiming dependant employment. The said application was rejected by the SECL vide Annexure P/1 dated 5.8.2006 stating that direct dependant is available, therefore, he is not entitled for dependant employment in terms of NCWA.

(3.) Feeling aggrieved and dissatisfied with the order dated 5.8.2006, the instant writ petition has been filed stating inter-alia that SECL is absolutely unjustified in rejecting the claim of the petitioners in view of the provisions contained in NCWA.