M C D Vs. JAI SINGH

JUDGEMENT

(1.) The present petition has been filed by the petitioner corporation, praying inter alia for an appropriate writ, order or direction for quashing and setting aside the order/award dated 4th December, 2002, passed by the Presiding Officer, Industrial Tribunal.

(2.) Briefly stated, facts of the case are as follows. Father of the respondent was working with the petitioner corporation as Beldar when he died on 23rd June,1992 leaving behind his widow, four sons and two daughters. Thereafter, the respondent applied to the petitioner corporation for appointment on compassionate grounds, but his application was rejected by the petitioner corporation vide its letter dated 23rd November, 1993 on the ground that three of the sons of the deceased were employed, and therefore it could not be said that the deceased died in harness or that his family was left in a penurious condition. Aggrieved by the said rejection by the petitioner corporation, the respondent raised an industrial dispute, which was referred by the appropriate government to the Industrial Tribunal for adjudication vide its order dated 26th September, 1995, with the following terms of reference: "Whether Sh. Jai Singh s/o Sh. Bali, Beldar is entitled to be appointed on compassionate grounds and if so, what directions are necessary in this respect""

(3.) The pleadings were completed, issues were framed and evidence was led by the parties. After considering the pleadings and the evidence so led by the parties, the learned Presiding Officer came to the conclusion that the grounds taken by the petitioner corporation in rejecting the application of the respondent was arbitrary and unjustified and on that basis held that the respondent was entitled to be appointed on compassionate grounds on the post of Beldar or any other suitable Class-IV post. Accordingly the petitioner corporation was directed to consider the case of the respondent to appoint him on the post of Beldar or any other suitable class-IV post within one month of the date of the award. It is this award of the Industrial Tribunal dated 4th December, 2002 that the petitioner has sought to challenge by way of the present proceedings.