SHASHI MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) The petitioner alleges that her husband, Ashok Mittal, has been missing since 4th August, 1982 and is presumed to be dead and, therefore, she should be given employment on compassionate ground.

(3.) The respondents have stated that the husband of the petitioner had been dismissed from service with effect from 11th January, 1984. This dismissal was challenged by the petitioner and an industrial dispute was referred for adjudication. The reference was disposed of and 'no dispute award' was given as the workman, namely, Ashok Mittal absented himself. A review of this order was sought by the petitioner. The Presiding Officer vide his order dated 14th October, 1988 came to the conclusion that Ashok Mittal Was alive and that he was not interested in pursuing the dispute. This conclusion was arrived at because the Presiding Officer relied upon a letter dated 25th September, 1984 stated to have been written by A.K. Mittal to the Reserve Bank of India. A copy of that letter has also been placed on record before us. In this letter it is stated by A.K. Mittal that he has absented himself for reasons beyond his control and that there had been differences between him and the petitioner herein. The reading of this letter clearly shows that A.K. Mittal was trying, and till now succeeding, in avoiding the petitioner. According to this letter A.K. Mittal is still alive. The correctness of this letter having been accepted by the Presiding Officer he, therefore, rightly came to the conclusion that the original order of 'no dispute award' could not be reviewed.