THE INCHARGE DEPUTY COMMISSIONER, AHMEDNAGAR MUNICIPAL CORPORATION, AHMEDNAGAR Vs. RENUKA RAMDAS SHERLA, AGE : MAJOR, OCCUPATION : NIL, R/O 858, BAGDE PATTI, AHMEDNAGAR

JUDGEMENT

(1.) The Petitioner/Establishment is aggrieved by the judgment and order dated 13.08.2003 by which Complaint (ULP) No.368/1994 has been allowed by the Industrial Court and the Petitioner is directed to appoint Respondent No.1 on compassionate basis within a period of two months from the date of the order.

(2.) This petition was admitted by a speaking order on 21.04.2004 and interim relief in terms of prayer clause (C) was granted thereby, staying the operation of the impugned judgment. Respondent No.1 is, therefore, not in employment.

(3.) The contention of the Petitioner is that the father of Respondent No.1, who was working as a Tracer, passed away on 01.10.1973. The compassionate appointment policy was available at the relevant time. The widow/ mother of Respondent No.1 did not apply for compassionate appointment. Respondent No.1 was born on 25.03.1974 which is after about six months from the date of the demise of her father. Though the mother was eligible, she did not apply and Respondent No.1 filed her application on 15.11.1992. Since a period of 19 years had lapsed from the demise of the employee, the application of Respondent No.1 was rejected.