SOUTH EASTERN COALFIELDS LTD Vs. MANOJ KUMAR

JUDGEMENT

(1.) The appellants have challenged the order dtd. 02/01/2018 passed by learned Single Judge in Writ Petition (S) No. 2601 of 2008 whereby allowing writ petition filed by respondent and directed appellants to consider the case of respondent for dependent employment in accordance with clause 9.4.0 of the National Coal Wage Agreement-V (for short 'NCWA-V').

(2.) Facts relevant for disposal of this appeal are that Somra was under the employment of appellants on the post of General Mazdoor Category-I. He was declared medically unfit by the Medical Board on 15/04/1998 and separated from service w.e.f. 20/05/1998. After separation of Somra from service on medical grounds, respondent moved an application for dependent employment in terms of clause 9.4.0 of NCWA-V. The candidature of respondent was rejected on the ground that Law Department of the appellants-Company have not accepted the respondent as an adopted son in accordance with Hindu Adoptions and Maintenance Act, 1956 (for short 'Act of 1956').

(3.) Aggrieved by rejection of candidature of respondent, he filed a writ petition bearing Writ Petition (S) No.2601 of 2008 before this Court along with relevant documents including the judgment and decree passed by the competent Civil Court declaring him to be adopted son of Somra (ex-employee) vide judgment and decree dtd. 17/04/2001, with the following reliefs :- "10.1 The Hon'ble Court may graciously be pleased to issue writ of certiorari/mandamus to quash the impugned order dtd. 20/01/2005 (Annexure P-7) as well as dtd. 30/11/2006 (Annexure P-9) directing the respondents to give compassionate appointment to the petitioner with all amenities and monitories benefits whatsoever. 10.2 that the Hon'ble Court may graciously be pleased to issue a command/direction for calling the entire records pertaining to the case of the petitioner from the respondents' office and further to consider the representation of the petitioner. 10.3 Any other relief, as the Hon'ble Court deems fit and proper under the facts and circumstances of the case be issued."