SARBAN BHUIAN Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The father of the writ petitioner Late Baldeo Bhuian was an employee under the Eastern Coalfield Limited. He died on January 15, 1988 while he was still in service. At that time the petitioner was a minor and after attaining majority he made an application before the concerned authority for employment as per the National Coal Wage Agreement (for short, 'the Agreement').

(2.) On September 3, 2008 the Senior Personnel Officer sent a letter to the petitioner and asked him to correct some documents and formalities which were done. On December 26, 2008 the petitioner appeared before the Medical Examination Board where his age was assessed as between 30 and 35 years and the respondent authority by a letter dated February 22/25, 2010 rejected the prayer of the petitioner on the ground that on the date of the death of his father his age was 11 years 6 months and 19 days and he did not come under the zone of consideration to be offered employment under the provisions of the Agreement.

(3.) The petitioner has challenged this communication on the ground that as per Clause 9:5:0 of the Agreement VI if on the date of the death of an employee his dependant is 12 years and above in age he will be kept on a Live Roster and would be provided employment commensurate with his skill and qualification when he attains the age of 18 years. The petitioner claims that he was also entitled to be kept in the Live Roster and is entitled to get the employment after he had attained majority.