WESTERN COALFIELDS LTD Vs. NAMRATA A BANOKAR

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally by consent of learned counsels appearing for the parties.

(2.) In the Reference Case No. CGIT/NGP/38/2009, the Labour Court has passed an award on 20.01.2014, holding that the action of the management in not providing employment to the complainant, who is the dependent of the deceased employee, is unjustified and the complainant is, therefore, entitled to employment in accordance with the provisions of National Coal Wage Agreement in force. The Court has directed the petitioner employer to provide employment to the complainant.

(3.) As per the decision rendered by this Court in Writ Petition No. 3203 of 2012 (Western Coalfields Ltd. Vrs. Lomesh Maroti Khartad), decided on 22.07.2013, the benefit of providing employment on compassionate ground is available to the permanent workers. If it was the claim of the respondent that his father had acquired the status of permanent employee upon completion of continuous service of 240 days, then this fact was required to be established. It is not the finding recorded by the Labour Court that the father of the respondent was appointed as 'Badli' or 'substitute' and that he had worked continuously for 240 days, acquiring status of 'permanent employee' in terms of the relevant provisions of the Standing Orders. In the absence of finding on the relevant aspect, the award passed by the Reference Court cannot be sustained and it will have to be set aside with an order of remand.